The petitioner filed a review petition against an order dismissing a second appeal, claiming error apparent on the record. The Court applied principles of review jurisdiction, finding no illegality or infirmity in the impugned judgment, and dismissed the petition as devoid of merit.
Review petition dismissed.
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NC: 2017:KHC-D:8826 RP No. 100033 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REVIEW PETITION NO. 100033 OF 2024
BETWEEN:
SHRI NAGOJI BHAVAKU DAYAGONDE AGE: 67 YEARS, OCC. AGRICULTURE, R/O. H.NO. 69, GAVALI GALLI, BEKINKERI VILLAGE, BELAGAVI-590003.
… PETITIONER
(BY SRI. VENKATESH M.KHARVI, ADVOCATE)
AND:
SMT. MADHURI W/O. MARUTI SHINDE, AGE: 62 YEARS, OCC. HOUSEHOLD, R/O. H.NO. 185, SHAHAPUR, BELAGAVI-590003
Digitally
signed by
VISHAL
VISHAL NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
2024.12.19
10:39:13
+0530
… RESPONDENT
THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER XLVII RULE (1) OF CPC, PRAYING TO ALLOW THE REVIEW PETITION BY MODIFYING THE IMPUGNED ORDER DATED 08.12.2023 IN RSA NO.100106/2021 AND CONSEQUENTLY ALLOW THE REGULAR SECOND APPEAL, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
NC: 2017:KHC-D:8826 RP No. 100033 of 2024
ORAL ORDER
This review petition is directed against the impugned judgment and decree dated 08.12.2023 passed in RSA. No. 100106/2021, whereby the said appeal preferred by the Review Petitioner was dismissed by this Court.
“16.1. A judgment is open to review inter alia if there is a mistake or an error apparent on the face of the record.
1 (2024) 2 SCC 362
16.2. A judgment pronounced by the court is final, and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do so.
16.3. An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record justifying the court to exercise its power of review.
16.4. In exercise of the jurisdiction under Order 47 Rule 1 CPC, it is not permissible for an erroneous decision to be “reheard and corrected”.
16.5. A review petition has a limited purpose and cannot be allowed to be “an appeal in disguise”.
16.6. Under the guise of review, the petitioner cannot be permitted to reagitate and reargue the questions which have already been addressed and decided.
16.7. An error on the face of record must be such an error which, mere looking at the record should strike and it should not require any longdrawn process of reasoning on the points where there may conceivably be two opinions.
16.8. Even the change in law or subsequent decision/judgment of a coordinate or larger Bench
by itself cannot be regarded as a ground for review.”
record, we do not find any illegality or infirmity in the impugned judgment and decree nor it suffers from any error apparent on the face of the record warranting any interference by this Court under Section 114 r/w. Order 47 Rule 1 CPC.
devoid of merit and the same is hereby dismissed .
SD/-
_____________________ (JUSTICE K.S.HEMALEKHA)
RH CT:PA LIST NO.: 1 SL NO.: 15
1 issue framed by the court
Whether the impugned judgment suffers from any error apparent on the face of the record warranting review.
Colour shows how this judgement treated each authority
Sanjay Kumar Agarwal v/s. State Tax OfficerRelied on¶23
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1 provisions across 1 enactments
SHRI NAGOJI BHAVAKU DAYAGONDE
SMT. MADHURI W/O. MARUTI SHINDE
K.S.HEMALEKHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
