Dismissed¶¶61

Gangamma v. K Basavaraja

Karnataka HC30 Jun 2026RP/503/2023

Case brief

AI extract

What is this about?

Karnataka High Court review petition dismissed (RP No. 503 of 2023, order dt. 30.06.2026, Justice E.S. Indiresh): review of judgment and decree dt. 13.08.2021 in RSA No. 950/2010 refused — no error apparent on the face of the judgment; plaintiff produced no material before Courts below/Trial Court to prove right over property; grounds urged were registered Partition Deed dt. 25.08.1949 and Will dt. 16.01.1960 of Gurubasavaiah; Order XLVII Rule 1 r/w Section 151 CPC; notice to R2 and R3 dispensed with v/o 25.03.2026; parties: Gangamma (by LRs) v. K. Basavaraja (by LRs), K. George, M.S. Maridas.

What did the court decide?

The plaintiff did not produce any material before the Courts below, nor any record before the Trial Court, to establish/prove right over the property in question. ¶¶56

Gangamma Vs K Basavaraja — Karnataka HC (2026) — LawSathi Research

¶1

¶2

NC: 2026:KHC:32276 RP No. 503 of 2023

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF JUNE, 2026

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE E.S.INDIRESH REVIEW PETITION NO.503 OF 2023

¶7

BETWEEN:

¶8

GANGAMMA

¶9

SINCE DEADY LRS

¶10

1(a). C.M. GIRIJAMMA AGED ABOUT 64 YEARS, W/O. P. NAGARAJU DOOR NO. 20, 3^RD MAIN ROAD, KALYANA NAGARA, NAGARABHAVI MAIN ROAD, BENGALURU - 560 072.

¶11

Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

¶12

1(b). C.M. INDRAMMA AGED ABOUT 59 YEARS, W/O. ISHWARAPPA, GOVINAPURA, 3^RD CROSS ROAD, TIPATURU, TUMAKURU DISTRICT - 572 201.

¶13

1(c). C.M. HEMAMALINI AGED ABOUT 54 YEARS, W/O. K.N. NAGARAJA, RAGHU NANDANA NILAYA, SHANKARAPURAM, HASSAN - 573 201.

¶14

1(d). C.M. SHANKARAIAH AGED ABOUT 58 YEARS, W/O. MAHADEVAPPA, CHIKKAPURA, MUTHAGADHA HALLI,

¶15

¶16

NC: 2026:KHC:32276 RP No. 503 of 2023

¶17

HC-KAR

¶18

TURUVEKERE TALUK, TUMAKUR DISTRICT - 572 227.

¶19

1(e). C M SURESHA AGED ABOUT 53 YEARS, S/O MAHADEVAPPA, CHIKKAPURA MUTHAGADHA HALLI, TURUVEKERE TALUK, TUMAKUR DISTRICT-572227.

¶20

1(f). C M GANGADHARA AGED ABOUT 50 YEARS S/O MAHADEVAPPA, CHIKAPURA, MUTHAGADHA HALLI, TURUVEKERE TALUK

¶21

TUMAKUR DISTRICT-572227.

¶22

MAHADEVAPPA DEAD BY LRS ALREADY ON RECORD AS PETITIONER NO. 1(a) to 1(f).

¶23

…PETITIONERS

¶24

(BY SRI. R.P.SOMASHEKHAR.,ADVOCATE)

¶25

AND:

¶26

K. BASAVARAJA SINCE DEAY BY HIS LRS.

¶27

1(a). B. CHENNABASAPPA AGED ABOUT 60 YEARS, DOOR NO. 1886/1, WESLEY ROAD, MANDIMOHALLA THILAKNAGARA, MYSURU-560021.

¶28

¶29

NC: 2026:KHC:32276 RP No. 503 of 2023

¶30

HC-KAR

¶31

1(b). PUTTATHAYAMMA

¶32

SINCE DEED BY HER LRS

¶33

ALREADY ON RECORD AS 1(a), 1(c) TO 1(e)

¶34

1(c). B. SARVAMANGALA D/O LATE K. BASAVARAJ, AGED ABOUT 63 YEARS, DOOR NO.1886/1, WESLEY ROAD, MANDIMOHALLA, THILAKNAGARA, MYSURU-560021.

¶35

1(d). B. LALITHAMMA

¶36

AGED ABOUT 53 YEARS, D/O LATE K. BASAVARAJU, DOOR NO.1886/1, WESLEY ROAD, MANDIMOHALLA, THILAKNAGARA, MYSURU-560021.

¶37

1(e). B. MANJAMMA

¶38

AGED ABOUT 50 YEARS, D/O LATE K. BASAVARAJU, DOOR NO.1886/1, WESLEY ROAD, MANDIMOHALLA, THILAKNAGARA, MYSURU-560021.

¶39

K. GEORGE AGED ABOUT 73 YEARS, DOOR NO.1886/1, WESLEY ROAD,

¶40

¶41

NC: 2026:KHC:32276 RP No. 503 of 2023

¶42

HC-KAR

¶43

MANDIMOHALLA, THILAKNAGARA MYSURU-560021.

¶44

M. S. MARIDAS AGED ABOUT 70 YEARS, DOOR NO.1886/1, WESLEY ROAD, MANDIMOHALLA, THILAKNAGARA, MYSURU-560021.

¶45

…RESPONDENTS

¶46

(BY SRI. ANIL KUMAR S., ADVOCATE FOR R1(a) , R1(c); V/O DATED 25.03.2026 NOTICE TO R2 AND R3 IS DISPENSED WITH; R1(b) IS DEAD AND LRS ARE ALREADY ON RECORD AS R1(a, c, e) )

¶47

THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 R/W SECTION 151 OF CPC, PRAYING TO REVIEW THE JUDGMENT AND DECREE DATED 13/08/2021 MADE IN RSA NO.950/2010 AND TO ALLOW THE REVIEW PETITION ACCORDINGLY, IN THE INTEREST OF JUSTICE AND EQUITY.

¶48

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶49

¶50

NC: 2026:KHC:32276 RP No. 503 of 2023

¶51

HC-KAR

¶52

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

¶53

ORAL ORDER

¶54

In this Review Petition, petitioners are seeking review of the Judgment and Decree dated 13.08.2021 in R.S.A.No.950/2010, on the file of this Court.

¶55

Learned counsel appearing for the petitioners submitted that a registered Partition Deed dated 25.08.1949 was entered into between the family members and a share was allotted in favour of Gurubasavaiah and during his life time, Gurubasavaiah has executed a Will dated 16.01.1960 and the said aspect has not been considered by this Court and accordingly, sought for review of the impugned Judgment.

¶56

Having heard the learned counsel for the petitioners and learned counsel for the respondents, on careful consideration of the Judgment under review, would indicate that the plaintiff has not produced any material before the Courts below so as to prove right over the property in question. When such being the case, since the plaintiff has not produced any record before the Trial Court to establish right over the property in question, and

¶57

¶58

NC: 2026:KHC:32276 RP No. 503 of 2023

¶59

HC-KAR

¶60

as such, I am of the view that, the reason assigned by this Court at paragraph No.18 of the Judgment under review, is just and proper which does not call for interference of this Court. Therefore, I do not find any error apparent on the face of the Judgment.

¶61

Accordingly, the Review Petition is dismissed.

¶62

SD/- (E.S.INDIRESH) JUDGE

¶63

sac List No.: 1 Sl No.: 7

Gangamma v. K Basavaraja

Case brief

What is this about?

What did the court decide?

Gangamma v. K Basavaraja

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt Pramila P Vs the State of Karnataka

Sri K M Krishnamurthy Vs the State of Karnataka

Smt Hemavathi M Vs the State of Karnataka

Sri Bhogaiah Vs the Deputy Commissioner

Smt. Bhagya Vs the Deputy Commissioner

Sri. D.K Balakrishna Vs the State of Karnataka