Smt. Susheelamma v. Sri D S Damarugendra
Case brief
What is this about?
Review petition dismissed — Karnataka HC, RP No.531 of 2025 (decided 05-06-2026, H.P. Sandesh J.). No scope for review under Section 114 r/w Order 47 Rule 1 CPC 1908; no error apparent on the face of the record. Operative portion of judgment dated 24.10.2025 in RSA No.1616/2023 (PAR) c/w RSA No.438/2023 (PAR) — plaintiffs' half share in defendant No.3's share in item Nos.3 and 4 'B' schedule; defendants 1, 2, 4, 5 one-fifth each; subsequent purchaser defendant No.7 may claim share/equity before FDP Court qua defendant No.1 D S Ramalingaiah's share — cannot be modified on the ground that petitioners abdicated rights in those items to respondent No.8. Keywords: review, O.XLVII R.1 CPC, error apparent, subsequent purchaser, FDP Court, Tumakuru/Dodderi village.
What did the court decide?
The ground urged in the review petition cannot be considered: since the operative portion of the order in the second appeal discloses and protected the interest of the subsequent purchaser (defendant No.7, who may claim share/equity before the FDP Court in respect of defendant No.1 D S Ramalingaiah's share), the question of modifying the same does not arise.