Review Petition No. 277 of 2023 filed by a subsequent purchaser of suit property was dismissed as he was not a party to the original suit or the first appeal, rendering the review petition non-maintainable.
Review petition dismissed; liberty reserved to initiate appropriate proceedings to protect rights in the suit property.
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NC: 2023:KHC:36394 RP No. 277 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REVIEW PETITION NO. 277 OF 2023
BETWEEN:
SRI. THEERTHE GOWDA N.M., S/O MATADAIAH N.K., AGED ABOUT 63 YEARS, R/O NO.570, 141B, 6TH MAIN, 4TH BLOCK, RAJAJINAGAR, BANGALORE - 560 010.
…PETITIONER
(BY SRI.S.G.PARTHASARATHY.,ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
RESPONDENT NOS.1 AND 2 ARE THE R/O GONAMAKANAHALLI VILLAGE, ANDERSONPET POST, BANGARPET TALUK, KOLAR DISTRICT, KGF - 563 122.
NC: 2023:KHC:36394 RP No. 277 of 2023
R/O NO.141/B, 6TH MAIN, 4TH BLOCK, RAJAJINAGAR, BANGALORE - 560 010.
NC: 2023:KHC:36394 RP No. 277 of 2023
4TH BLOCK, RAJAJINAGAR BANGALORE-560 010.
…RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING THAT THIS HONBLE COURT BE PLEASED TO ALLOW THIS REVIEW PETITION:
A) REVIEW THE JUDGMENT AND DECREE/ ORDER DATED 27.02.2004, PASSED IN RFA NO.378/1999, AND DISMISS THE RFA BO. 378/1999 AND ETC.,.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
Heard Sri.S.G.Parthasarathy, learned counsel for
the appellant.
NC: 2023:KHC:36394 RP No. 277 of 2023
review of the judgment passed in RFA No.378/1999, dated 27.02.2004. Admittedly, the review petitioner is not a party in the original suit or before this Court in the first appeal.
Sd/JUDGE
KAV
List No.: 1 Sl No.: 24
1 issue framed by the court
Whether a review petition filed by a subsequent purchaser not a party to the original suit is maintainable?
1 provisions across 1 enactments
SRI. THEERTHE GOWDA N.M.
SRI. V.KEMPANNA
SHRI.K.V.RAVINDRANATH
SMT.LAKSHMAMMA
SHRI.V.MUNIVENKATAPPA
SHRI.V.NAGESH
V. SRESHTANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
