Review Petition challenging an order in Writ Petition Nos. 4874-4875/2015 disposed on undertaking. Court held recalling such orders unsettles settled matters and rejected the petition.
Review petition rejected on the threshold.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
REVIEW PETITION NO. 178 OF 2023
BETWEEN:
THE CHRISTIAN HIGH SCHOOL (ENGLISH PRIMARY SCHOOL) UDUPI. REPRESENTED BY ITS CORRESPONDENT, KARNATAKA SOUTHERN DIOCES, EDUCATION SOCIETY REGD, BALMATA, MANGALURU 575 002, DAKSHINA KANNADA DISTRICT.
…PETITIONER
(BY SRI. PUNDIKAI ISHWARA BHAT.,ADVOCATE)
AND:
Digitally signed by SHARADA VANI B
Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:2714 RP No. 178 of 2023
…RESPONDENTS
(BY SRI.KRIAN KUMAR., HCGP FOR R1 & R2)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER DATED 15.12.2018 PASSED BY THIS HON’BLE COURT IN WP. NO. 4874-4875/2015, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The W.P.Nos.4874-4875/2015 which was disposed
off vide order dated 15.12.2018, has a small text which is
as under:
“Learned counsel for the third respondent on instructions submits that the amount due to the teachers shall be paid within a period of two weeks from today.
In view of the above, these writ petitions stand disposed off placing the said undertaking on record.”
NC: 2024:KHC:2714 RP No. 178 of 2023
The Apex Court time and again has said that where a case is disposed off on the submission of dominus litis , ordinarily recall of such orders is not desirable since that would unsettle the ‘settled things’ which the Court had acted upon. In view of that the review petition is rejected. Since the matter is rejected on the threshold, consideration of pending IA/s if any, does not arise.
Sd/JUDGE
Bsv List No.: 1 Sl No.: 3
1 issue framed by the court
Whether the review petition filed under Order 47 Rule 1 of CPC should be allowed to review the dismissal order dated 15.12.2018 in WP Nos. 4874-4875/2015.
1 provisions across 1 enactments
The Christian High School (English Primary School) Udupi
The State of Karnataka
The Deputy Director of Public Instruction, Udupi District
Smt. Angela Noronha
Smt. Glady Sulochana Karkada
The Head Master, The Christian High School, (English Primary School) Udupi
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
