Disposal of a review petition filed to clarify that a specific gifted property item was excluded from the partition judgment and operates as part of the operative judgment.
Clarification that item No. 10 is gifted property and not part of partition judgment; petition disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO
REVIEW PETITION No.240/2021
BETWEEN:
SRI.SHIVASHANKARA S/O BORALINGEGOWDA AGED ABOUT 60 YEARS R/O: ARALUKUPPE VILLAGE CHINAKURULI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT -571434 ..PETITIONER
(BY SRI.C.R.GOPALASWAMY, ADVOCATE)
AND:
1.SMT.DHANALAKSHMI W/O RAJESH D/O BORALINGEGOWDA AGED ABOUT 55 YEARS R/O: CHALUVARASANAKOPPALU VILLAGE CHINAKURULI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571421
2
SINCE DEAD BY HER LRS
3(a). BYRAVA S/O PUTTEGOWDA AGED ABOUT 46 YEARS
RESPONDENT NOS.2 TO 5 ARE THE R/O: ARALUKUPPE VILLAGE CHINAKURULI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571434
(BY SRI.V.SRINIVAS, ADVOCATE FOR R-1, R-3(a), R-5, R-6 -SERVED R-2, R-4, R-7 SERVICE OF NOTICE IS HELD SUFFICIENT)
3
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 CPC PRAYING TO REVIEW THE JUDGMENT AND DECREE PASSED BY THIS HON'BLE COURT IN RSA No.1671/2013 DATED 17.01.2020 AND THEREBY ALLOW THE REVIEW PETITION AND PASS SUCH OTHER ORDER/S WHICH ARE DEEMED TO BE FIT IN THE NATURE AND CIRCUMSTANCES OF THE ABOVE CASE SO FAR AS THE GROUNDS RAISED.
THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though the petition is listed for orders, with the consent of learned counsel appearing for the parties it is taken up for final disposal.
This petition is filed under Order XLVII Rule 1
read with Section 114 of CPC praying to review the Judgment and decree passed by this court in RSA No.1671/2013 dated 17.01.2020.
Sri.C.R.Gopalaswamy and learned counsel for respondent No.1 Sri.V.Srinivas.
4
Accordingly, review petition is disposed of.
Sd/JUDGE
SBN
2 provisions across 2 enactments
Sri. Shiva Shankara',
Smt. Dhana Lakshmi
Smt. Nagamma
Smt. Shivamma
Sri. Byrava
Ramesha
N.K. Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
