The High Court of Karnataka dismissed a review petition. The petitioner argued that a nullity decree could not be validated by estoppel and jurisdictional defects challengeable anytime. The Court held the review was not maintainable as grounds were previously considered and negated.
Review petition dismissed. No order as to costs.
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 27TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
REVIEW PETITION NO.236 OF 2023
BETWEEN:
…PETITIONER
(BY SRI. RAJU S., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
…RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF THE CPC, PRAYING TO REVIEW THE ORDER DATED 30.01.2023 MADE BY THIS HON'BLE COURT IN CRP NO.73/2022 AND DISMISS THE SAID CRP IN THE INTEREST OF JUSTICE AND EQUITY AND AWARD THE COST OF THIS PROCEEDING.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:22293 RP No. 236 of 2023
ORDER
The petitioner is seeking review of the order passed by this Court on the ground that the decree, which is nullity, cannot be validated by invoking the principles of estoppel, and the decree passed without jurisdiction can be challenged at any point of time. This Court passed the order under review holding that, the petitioner herein having not challenged the compromise decree at the earliest point of time continued to be in possession of the schedule property and having derived the benefit under the compromise decree is estopped from raising the plea though the question of jurisdiction can be raised at any point of time. The grounds urged in this review petition having been considered in the order under review and negated, the review petition is not maintainable. Hence, there is no error apparent on the face of the record. Accordingly, I pass the following:
ORDER
The review petition is dismissed.
Sd/JUDGE
LG
List No.: 1 Sl No.: 3
2 issues framed by the court
Whether a decree passed without jurisdiction can be challenged at any point of time even if the party raised estoppel by acquiescence.
Whether a review petition is maintainable when the grounds were already considered and negated in the order under review.
1 provisions across 1 enactments
Kumar Siddeshwar
Sri. C.S. Yogananda
Smt. Ishwar
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
