High Court of Karnataka dismissed a review petition filed with a delay of 610 days challenging a civil judgment. The Court held there was no error apparent on the face of the record, rejecting the contention regarding the Benami Act and R.Rajagopal Reddy's case.
Review petition and I.A. for condonation of delay dismissed.
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.
NC: 2024:KHC-D:12568 RP No. 100108 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
REVIEW PETITION NO.100108 OF 2024
BETWEEN:
SRI NAGARAJ S/O. BABURAO DIXIT, AGE: 70 YEARS, OCC: BUSINESS, R/O: BEHIND HEAD POST OFFICE, APMC ROAD, RANEBENNUR, DIST: HAVERI – 581 115.
…PETITIONER
(BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE)
AND:
SRI H.M. SHIVANANDASWAMY, S/O. SAPRABHUSHAN HIREMATH, AGE: 42 YEARS, OCC: BUSINESS, R/O: ASTHAVARANA, P.B. ROAD, RANEBENNUR, DIST: HAVERI – 581 115.
…RESPONDENT
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF CPC, PRAYING TO, REVIEW THE ORDER PASSED BY THE HON’BLE COURT DATED 25.08.2022 PASSED IN RSA NO.100401/2021 AND ALLOW THE REGULAR SECOND APPEAL AND IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS REVIEW PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
Heard learned counsel for petitioner.
RSA.no.100401/2021.
Vs. Padmini Chandrasekharan (Dead) by LRS., reported
NC: 2024:KHC-D:12568 RP No. 100108 of 2024
in AIR 1996 SC 238. In view of above, there was error apparent on face of record requiring review.
in Rajgopal Reddy’s case (supra). Therefore there is no error apparent on face of record. Hence, there are no good grounds to review.
I.A.no.1/2024 filed for condonation of delay. I.A.no.1/2024
as well as review petition are dismissed.
Sd/(RAVI V.HOSMANI) JUDGE
EM CT-ASC List No.: 1 Sl No.: 22
2 issues framed by the court
Whether there is any error apparent on the face of the record to justify review of the judgment dated 25.08.2022 in RSA.no.100401/2021.
Whether the delay in filing the review petition (610 days) warrants condonation and consideration on merits.
2 provisions across 1 enactments
Sri Nagaraj S/o. Baburao Dixit
Sri H.M. Shivanandaswamy
Ravi V.Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
