A review petition seeking reconsideration of the High Court's 2019 regular second appeal judgment was resolved by a joint compromise application: petitioners paid Rs.8,00,000 to the respondent, who agreed not to interfere with the suit property. The Court set aside its appellate judgment and restored the subordinate court's decree, allowing the review.
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:16476 RP No. 24 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REVIEW PETITION NO. 24 OF 2021
BETWEEN:
ANIF SAB, AGED ABOUT 66 YEARS,
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
NC: 2024:KHC:16476 RP No. 24 of 2021
g) SYED RIZWAN SAB
S/O LATE SYED MOHAMMED
ANIF SAB, AGED ABOUT 34 YEARS,
PETITIONERS ARE ALL R/OF UCHNGIDURGA VILLAGE, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT - 583 125.
…PETITIONERS
(BY SRI. R. KOTHWAL, ADVOCATE)
AND:
A. KENCHAMMA D/O NAGAPPA, AGED ABOUT 56 YEARS, R/O UCHANGIDURGA VILLAGE, NOW AT GOVERHALLI VILLAGE, HARAPANAHALLI TALUK, DAVANAGERE DISRICT - 583 125.
…RESPONDENT
(BY SRI. RAVI H.K., ADVOCATE)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF CPC, PRAYING TO A) ALLOW THE REVIEW PETITION BY REVIEWING THE ORDER DATED 22/10/2019 PASSED BY THIS HON'BLE COURT IN RSA NO.2137/2011 VIDE ANNEXURE-A AND CONSEQUENTLY DISMISS THE R.S.A.NO.2137/2011 AND B) TO GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, BY ALLOWING THE REVIEW PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
NC: 2024:KHC:16476 RP No. 24 of 2021
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This review petition is filed by the original defendants before the Trial Court under Order 47 Rule 1A read with Section 114 of CPC for reviewing the judgment passed by this Court in RSA No.2137/2011 dated 22.10.2019.
NC: 2024:KHC:16476 RP No. 24 of 2021
schedule property and the plaintiffs are the absolute owners of the suit schedule property and are in peaceful possession and enjoyment of the suit schedule property.
the same is allowed.
appeal was disposed of in terms of the agreement.
Sd/JUDGE
SMC List No.: 1 Sl No.: 99 CT:SK
1 issue framed by the court
Whether the review petition against the judgment in RSA No.2137/2011 should be allowed following a joint compromise between the parties?
3 provisions across 1 enactments
Syed Mohammed Anif Sab (since deceased) by LRs - Jaithunbi, Syed Subhan Sab, Syed Abdul Kalam, Syed Athaulla Sab, Syed Sanaulla Sab, Syed Riyaz Sab, Syed Rizwan
A. Kenchamma
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
