A single judge of the Karnataka High Court disposed of a review petition filed under Order 47 Rule 1 CPC, holding it unsustainable as the underlying appeal had been allowed by the Karnataka Appellate Tribunal.
The review petition is disposed of as the appeal filed by the petitioner was allowed by the Karnataka Appellate Tribunal.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2022
BEFORE
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
REVIEW PETITION NO.62 OF 2022 IN
WRIT PETITION NO.4522 OF 2021
BETWEEN:
SRI S VENKATESH S/O SHAMANNA AGED ABOUT 65 YEARS, RESIDING AT NO.56, LAKSHMI NILAYA 2ND MAIN, J P NAGAR, 1ST PHASE SARAKKI VILLAGE, BANGALORE-560078
...PETITIONER
(BY SRI.AKASH V T & GIRISHA KUMAR.R, ADVOCATES)
AND:
2
…RESPONDENTS
(BY SRI.SRIKANTH.B, ADVOCATE FOR R1; SMT. SARITHA KULKARNI, ADVOCATE FOR R2; SMT.SUMANGALA GACHCHINAMATH, ADVOCATE FOR R2 TO R5)
THIS RP IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO A. ALLOW THE REVIEW PETITION AND REVIEW THE ORDER DATED 28/05/2021 PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO. 4522/2021 AS PER ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY. B. PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND SO AS TO MEET THE ENDS OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
Since the appeal filed by the review petitioner is allowed
by the Karnataka Appellate Tribunal, the review petition would
not survive for consideration.
Sd/JUDGE
*alb/-
SRI S VENKATESH S/O SHAMANNA
SRI KHODANDARAMA S/O HANUMANTHAPPA
THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BBMP
THE JOINT COMMISSIONER SOUTH ZONE
THE CHIEF EXECUTIVE ENGINEER BRUHATH BANGALORE MAHANAGARA PALIKE
THE ASSISTANT EXECUTIVE ENGINEER SOUTH ZONE
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
