Sri K Y Shanthi Swaroop v. Sri C L Jayakumar
Case brief
What is this about?
In a review petition filed under Order 47 Rule 1 read with Section 114 CPC, the High Court of Karnataka addressed the maintainability of the review based on the petitioner's claim of exclusion from earlier proceedings. The Court observed that the grounds raised were not permissible for review and directed that all party claims be considered by the Subordinate Court on merits.
What the court decided
- 1 - NC: 2024:KHC:20583 RP No. 125 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ REVIEW PETITION NO. 125 OF 2024
BETWEEN:
SRI. K.Y. SHANTHI SWAROOP, AGED ABOUT 62 YEARS, S/O K.Y SRIKANTAPPA, R/O YASHAS, BEHIND AKKA TAHNGI PARK, PRASHANTH NAGAR, DEVARAYAPATNA, TUMKUR, TUMKUR DISTRICT 572 105
…PETITIONER
(BY SRI. TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA., ADVOCATE)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
Issues for consideration
2 issues framed by the court
Whether the review petition filed under Order 47 Rule 1 read with Section 114 CPC is maintainable as the grounds raised are not covered under the review provisions.
Whether the Subordinate Court possesses jurisdiction under Section 306 of the Karnataka Municipalities Act, 1964 to adjudicate private property disputes between parties.
Parties & counsel
- petitioner
K.Y. SHANTI SWAROOP
- respondent
C.L. JAYAKUMAR
- respondent
C.L. LAKSHMINARAYANA SHETTY
- respondent
C.J. PUSHPAVALLI
- respondent
THE DEPUTY COMMISSIONER, TUMKUR
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · June
- Registered
- Case no.
- RP/125/2024
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