Disposed

Smt. Manjula. S v. Sri. Balakumar. S

Karnataka HC1 Dec 2023RP/483/2023

Case brief

AI extract

What is this about?

In this review petition against MFA No.1126/2023, the High Court of Karnataka disposed of the matter by reiterating the earlier order passed in RP No.394/2023 dated 15.09.2023, holding that no further orders were necessary as the rights of parties were safeguarded.

What did the court decide?

The review petition was disposed of by reiterating the order dated 15.09.2023 in RP No.394/2023.

Smt. Manjula. S Vs Sri. Balakumar. S — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:43421 RP No. 483 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REVIEW PETITION NO.483 OF 2023

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BETWEEN:

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SMT. MANJULA. S W/O SRI B R SHIVPRAKASH, AGED ABOUT 63 YEARS, RESIDING AT NO.413, 5^TH MAIN, CHANNAPPA BADAVANE, BEHIND GOUTAM MOTORS NELAMANGALA BENGALURU RURAL DISTRICT, BENGALURU 562 123.

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…PETITIONER (BY SRI. M.S. BHAGAWATH, SENIOR COUNSEL FOR SRI. KALLESHAPPA K S., ADVOCATE)

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AND:

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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SRI. BALAKUMAR. S S/O LATE SIDDALINGAIAH G AGED ABOUT 53 YEARS, RESIDING AT NO.20, 1^ST FLOOR, 1^ST MAIN, 3^RD CROSS, CHAMARAJPETE, BENGALURU 560 018.

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…RESPONDENT

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(BY SRI. G.A.SRIKANTE GOWDA, ADVOCATE)

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THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER 47 RULE 1 OF CPC, 1908, PRAYING TO CALL FOR RECORDS IN MFA NO.1126/2023 AND ALLOW THIS REVIEW PETITION AND REVIEW THE ORDER DATED 03/03/2023 PASSED IN MFA NO.1126/2023 ON THE FILE OF THIS HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS , THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC:43421 RP No. 483 of 2023

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ORDER

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This review petition is directed against the impugned order dated 03.03.2023 passed in MFA No.1126/2023 whereby the said appeal preferred by the respondent – appellant against the review petitioner was disposed of by this Court.

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Subsequent to disposal of MFA No.1126/2023 by this Court, respondent herein preferred RP No.394/2023, which was disposed of by this Court vide following order dated 15.09.2023, which reads as under:

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“This review petition is directed against the impugned order dated 03.03.2023 passed in M.F.A.No.1126/2023 whereby the said appeal was disposed of by this Court.

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2. It is relevant to state that the suit out of which the aforesaid appeal had arisen, i.e., O.S.No.4297/2022 has been disposed of as withdrawn on 12^th September 2023. Under these circumstances, I do not find any merit in the present review petition and the same is hereby dismissed.

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3. It is however made clear that the impugned order passed in M.F.A.No.1126/2023 dated 03.03.2023 and dismissal of the present review petition would not affect the rights and contention of the parties in C.R.P.No.579/2023 which would necessarily have to be adjudicated upon by the appropriate Court having roster. Further, all rival contentions

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NC: 2023:KHC:43421 RP No. 483 of 2023

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between the parties in the said civil revision petition are kept open and no opinion is expressed on the same.

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4. Subject to the aforesaid observations, review

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petition is dismissed.

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A perusal of the said order dated 15.09.2023 passed in RP No.394/2023 will clearly indicate that the rights and contentions

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of both sides have been sufficiently safeguarded by this Court in the said order. Under these circumstances, the question of passing any further orders in the present Review petition does not arise in the facts and circumstances of the instant case and review petition is accordingly disposed of reiterating the order passed in RP No.394/2023 dated 15.09.2023.

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Sd/JUDGE

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List No.: 1 Sl No.: 38

Smt. Manjula. S v. Sri. Balakumar. S

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Smt. Manjula. S v. Sri. Balakumar. S

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