Reviewer Justice Magadum dismissed a review petition filed under Order XLVII Rule 1 CPC. The court held the petition was not maintainable as the underlying appeal had been voluntarily withdrawn by the appellant due to an out-of-court settlement.
Review petition dismissed on the ground of non-maintainability following voluntary withdrawal of the appeal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2022
BEFORE
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
REVIEW PETITION NO.77 OF 2022 IN
R.F.A NO.20 OF 2013
BETWEEN:
SRI LOKANATH S/O LATE M KRISHNAPPA @ MUNIKRISHNAPPA AGED ABOUT 50 YEARS R/AT SULAKUNTE COLONY VARTHUR HOBLI BANGALORE SOUTH TALUK
...PETITIONER
(BY SRI.RANJITH K S, ADVOCATE-ABSENT)
AND:
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AGED ABOUT 65 YEARS
RESPONDENT NO.2 TO 7 R/AT 28, OBALAPPA STREET CHIKKAMAVALI, BENGALURU -560 004
…RESPONDENTS
THIS RP IS FILED UNDER RULE 1 OF ORDER XLVII OF CPC, PRAYING TO REVIEW THE ORDER DATED: 06.02.2020 PASSED IN REGULAR FIRST APPEAL NO.20/2020 ON THE FILE OF THIS HON'BLE COURT AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
None appears for the petitioner.
petitioner herein dismissed the appeal in RFA.No.20/2013 as withdrawn on 6.2.2020. It is against the said judgment, the present review petition is filed.
stating that the matter is settled out of Court. If there is any element of fraud it gives a fresh cause of action. Therefore, review petition is not maintainable.
Sd/JUDGE
*alb/-
SRI LOKANATH S/O LATE M KRISHNAPPA @ MUNIKRISHNAPPA
SMT. SIDDAMMA W/O LATE C MUNINANJAPPA
SRI MUNIYAPPA S/O C MUNINANJAPPA
SRI ESHWARAPPA S/O C MUNINANJAPPA
SRI NARAYANAPPA S/O C MUNINANJAPPA
SRI THIRTHAGIRI S/O MUNINANJAPPA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
