Dismissed

A. N. Prasanna Murthy v. the State of Karnataka

Karnataka HC12 Jul 2024RP/212/2024

Case brief

AI extract

What is this about?

Review petition against an order disposing of a writ petition concerning impleadment of Tumakuru Municipal Council in O.S. No.442/2007. The court held that the reason assigned was not a ground for review; the liberty reserved to the petitioner remained subject to just exceptions.

What did the court decide?

None granted; review petition rejected, with liberty reserved earlier remaining subject to just exceptions in law.

A. N. Prasanna Murthy Vs the State of Karnataka — Property and Title | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:26929 RP No. 212 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 12^TH DAY OF JULY, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE B M SHYAM PRASAD

¶7

REVIEW PETITION NO. 212 OF 2024

¶8

BETWEEN:

¶9

A. N. PRASANNA MURTHY

¶10

S/O LATE NATESH MUDALIYAR AGED ABOUT 84 YEARS R/O BEERANKAL VILLAGE TUMKUR TALUK TUMKUR DISTRICT 572101.

¶11

…PETITIONER

¶12

(BY SRI. VENKATESHA PRASAD P K.,ADVOCATE)

¶13

AND:

¶14

Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

¶15

THE STATE OF KARNATAKA REPTD BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT OF M S BUILDING, BENGALURU 560001.

¶16

THE COMMISSIONER TUMKUR URBAN DEVELOPMENT AUTHORITY TUMKUR 572101.

¶17

THE TOWN MUNICIPAL CORPORATION TUMKUR 572101.

¶18

…RESPONDENTS

¶19

(BY SRI.PRINCE ISAC., AGA FOR R1)

¶20

¶21

NC: 2024:KHC:26929 RP No. 212 of 2024

¶22

THIS REVIEW PETITION UNDER ORDER 47 RULE 1 R/W SECTION 114 OF THE CPC, PRAYING TO SECURE THE RECORDS IN W.P. NO.20412/2021 ON THE FILE OF THIS COURT AND TO REVIEW THE ORDER DATED 13.03.2024 IN WP NO. 20412/2021 BY ALLOWING THE ABOVE REVIEW PETITION.

¶23

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

¶24

ORDER

¶25

The learned counsel for the petitioner submits that this Court has disposed of the writ petition in W.P. No.20412/2021 on 13.03.2024 with reference to the impleadment of Tumakuru Municipal Council in O.S. No.442/2017 and this order must be reviewed because the petitioner does not have the papers of the suit relating to the year 2007. This Court's order in its significant part reads as under:

¶26

"This Court finally has disposed of the writ petition reserving liberty to the petitioner to implead the Tumakuru Municipal Council as a defendant in the suit in O.S.No.442/2007 observing that if the petitioner exercises such liberty the civil Court may consider the application filed to implead Tumakuru

¶27

¶28

NC: 2024:KHC:26929 RP No. 212 of 2024

¶29

Municipal Council and the application for amendment in accordance with law. It is stated that after this Court's aforesaid order, the Town Municipal Council is also impleaded in the suit and the suit is ultimately dismissed for default. If these circumstances remain undisputed, the petitioner cannot invoke the jurisdiction of this Court under Article 226 of the Constitution of India and he must necessarily work out his remedies in accordance with law otherwise. Hence, the petition stands disposed of."

¶30

The reason assigned cannot be a ground for review especially in the light of the afore. However, the liberty reserved for the petitioner will remain but subject to just exceptions in law.

¶31

Therefore, the review petition stands rejected.

¶32

Sd/JUDGE

¶33

AN/-

A. N. Prasanna Murthy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

A. N. Prasanna Murthy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bengaluru City Pourakarmika Gangmen Union Vs the State of Karnataka

Smt Malathi B Vs Karnataka Power Transmission Corporation Limited

Sri. Terence Francis Vs State of Karnataka

Siddartha Vs Union of India

Sri. Krishna Vs the Commissioner

Sri Chandrashekar Hegde Vs the State of Karnataka