The High Court of Karnataka dismissed this review petition filed under Order XLVII Rule 1 of CPC. The bench held that there was no error apparent on the face of the record warranting interference with the earlier order dismissing the writ petition on grounds of delay and laches.
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:38786 RP No. 811 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH REVIEW PETITION NO. 811 OF 2022
IN
WRIT PETITION NO.18229 OF 2021 (EDN-RES)
BETWEEN:
SRI. SACHIN D. DESHPANDE S/O DHRUVARAJ DESHPHANDE AGED ABOUT 43 YEARS R/AT FLAT NO.2, 9TH FLOOR TOWER 8, TATA NEW HAVEN NEAR GOLDEN FARMS HOTEL SPA, HUSKUR MAIN ROAD MATHAHALL, BENGALURU-562 123
…PETITIONER
(BY SRI. CHANDRAKANTH R. GOULAY, ADVOCATE)
AND:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
NC: 2024:KHC:38786 RP No. 811 of 2022
M.S. RAMAIAH NAGAR BENGALURU-560 054
…RESPONDENTS
(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1 & R2)
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 OF READ WITH SECTION 114 OF CPC, 1908 PRAYING TO RECALL/REVIEW THE ORDER MADE IN W.P. NO.18229/2021 DATED 27.10.2022 (ANNEXURE A) AND TO ALLOW THE SAID WRIT PETITION BY GRANTING THE RELIEF AS SOUGHT FOR BY HEARING THE WRIT PETITION ON MERITS, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
Heard Sri Chandrakanth R.Goulay, learned counsel appearing for the petitioner and Sri Santosh Nagarale Subhaschandra, learned counsel appearing for respondent nos. 1 and 2.
NC: 2024:KHC:38786 RP No. 811 of 2022
dismissed the writ petition on the ground of delay and latches, I am not inclined to interfere with the order dated 27.10.2022 in WP No.18229/2021 as there is no error apparent on the face of
the record and following the declaration of law by the Hon'ble Supreme Court in Sanjay Kumar Agarwal vs. State Tax
Officer (I) and another1 .
dismissed.
SD/(E.S.INDIRESH) JUDGE
Sk/List No.: 1 Sl No.: 26
1 (2024) 2 SCC 362
2 issues framed by the court
Whether the review petition should be allowed to recall the order dismissing the writ petition.
Whether the order in W.P. No.18229/2021 is amenable to review in the interest of justice and equity.
Colour shows how this judgement treated each authority
Sanjay Kumar Agarwal vs. State Tax Officer (I) and anotherReferred¶32
Sanjay Kumar Agarwal vs. State Tax Officer (I) and another (2024) 2 SCC 362 · Who else cites this
Sri. Sachin D. Deshpande
The Visveshwaraiah Technological University (VTU)
M.S.Ramaiah Institute of Technology
E.S.Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
