B Surendra Setty v. Smt Sujatha S Setty @ Ratna S Setty
Review Petition (Order 47 Rule 1 r/w Section 114 CPC) – High Court of Karnataka, Division Bench
Case brief
What is this about?
RP No. 42/2024, High Court of Karnataka (Division Bench), decided 17-01-2025: dismissal of a 12-years-delayed review petition under Order 47 Rule 1 r/w Section 114 CPC against the judgment dated 22.08.2012 in MFA No.4392/2010 (appeal dismissed; Trial Court maintenance of `3,000/- per month with charge on 40 x 67 feet site at Shamanuru Village, Davanagere confirmed). Petitioner's unauthorized gift of the charged property to his sister on 13.11.2020 and her claimed sale to Sri. K.G.Nagarajappa on 23.05.2022 held perse malafide and illegal — willful violation of the Court's order in active assistance of his sister to overreach the judgment attracts no leniency. Applications I.A.5/2024 and I.A.6/2024 to recall the 24.09.2024 dismissal against respondent No.1 (non-payment of process fee under peremptory order) and to permit notice by paper publication rejected; petition dismissed against all respondents. Relevant searches: alienation of charged property, malafide transfer defeating judgment, review petition delay, peremptory order, process fee default, paper publication notice.