IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ REVIEW PETITION No.327/2015 BETWEEN:
SMT. NAGAMMA D/O. LATE CHIKKATHAYAMMA, SINCE DEAD REPRESENTED BY HER LRs, 1(a) SRI K.T. VISHWANATHA, S/O. LATE CHIKKATHAMMEGOWDA & LATE NAGAMMA, AGED ABOUT 60 YEARS, 1(b) SRI K.T. VASU S/O. LATE CHIKKATHAMMEGOWDA & LATE NAGAMMA, AGED ABOUT 58 YEARS, 1(c) SRI K.T. DEVARAJU S/O. LATE CHIKKATHAMMEGOWDA & LATE NAGAMMA, AGED ABOUT 52 YEARS, 1(d) SRI K.T. ASHOKA S/O. LATE CHIKKATHAMMEGOWDA & LATE NAGAMMA, AGED ABOUT 50 YEARS, SINCE DEAD REP. BY HIS LRs.
THE PETITIONER NO.1(A) TO (D) ARE RESIDING AT KERAGODU, MANDYA TALUK AND MANDYA DISTRICT – 571 446.
1(d)(i) SMT. SUMATHI, W/O. LATE K.T. ASHOKA, AGED ABOUT 34 YEARS, 1(d)(ii) KUM. AMISHA GOWDA, W/O. LATE K.T. ASHOKA, AGED ABOUT 14 YEARS, 1(d)(iii) MASTER. PARIKSHITH GOWDA, W/O. LATE K.T. ASHOKA, AGED ABOUT 7 YEARS, SINCE, THE LRS. NO.1(D)(II) & 1(D) (III) ARE MINORS, THEY ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN SMT. SUMATHI.
ALL ARE RESIDING AT NO.245, 5TH CROSS, VINAYAKA TENT ROAD, HOSAHALLI, MANDYA – 571 401.
(AMENDMENT IS CARRIED OUT AS PER HON’BLE COURT ORDER DATED 30/05/2019) 1(e) SMT. K.T.NAGARATHNA D/O. CHIKKATAMMEGOWDA & LATE NAGAMMA, W/O. LATE VENKATEGOWDA, AGED ABOUT 54 YEARS, R/AT CHIKKEGOWDANA DODDI, SWARNASANDRA, MANDYA – 571 402. ... PETITIONER (BY SRI C.M. NAGABHUSHAN, ADVOCATE FOR SRI ANANDA K., ADVOCATE) AND:
1. SMT. C. SUSHEELA, AGED ABOUT 78 YEARS, W/O. H.B. SOSALE GOWDA, RETD. CHIEF RESEARCH OFFICER, NO.6, 6TH MAIN, PARK LANE, PARAMAHAMSA ROAD, YADAVAGIRI, MYSORE – 20.
2. SMT. C. SAVITHRI AGED ABOUT 72 YEARS, W/O. M.L. SHIVARAM, “RUPASHREE”, BANDIGOWDA LAYOUT, MANDYA – 571 401.
3. SMT. C. SARASWATHI AGED ABOUT 61 YEARS W/O. M.L. SHIVASWAMY, RESIDING AT NO.708, 1ST FLOOR, 2ND STAGE, BOGADI, MYSORE – 18.
4. SMT. C. SEETHALAXMI W/O. K. RAMAKRISHNA, SINCE DEAD BY LRs.
4(a) SRI K.R. SHASHIDHAR S/O. K. RAMAKRISHNEGOWDA, AGED ABOUT 48 YEARS, 4(b) SRI K.R. RAVINDRA S/O. K. RAMAKRISHNEGOWDA AGED ABOUT 44 YEARS RESPONDENT Nos.4(a) TO (b) ARE RESIDING AT NO.1235, 4TH CROSS, ASHOK NAGAR, MANDYA – 571 401.
5. SMT. C. MANGALA AGED ABOUT 77 YEARS W/O. SRI G. PUTTASWAMY, RESIDING AT NO.2006, 3RD CROSS, SUBASHNAGARA, MANDYA – 571 401.
6. SMT. PUTTAMMA, MOTHER OF LATE K. CHIKKALINGAIAH, SINCE DEAD BY LRs.
6(a) SRI K. VIJAYADEVA S/O. KEMPEGOWDA, SINCE DEAD BY LRs.
6(a)(i) SMT. T.L. JAYAMMA, MAJOR, W/O. K. VIJAYADEV, AGED ABOUT 68 YEARS, 6(a)(ii) SRI S.V. ANANDA S/O. K. VIJAYADEV, AGED ABOUT 52 YEARS, 6(a)(iii) SMT. SUDHA W/O. SHIVANNA, D/O. K. VIJAYADEV AGED ABOUT 50 YEARS, 6(a)(iv) SRI S.V. NAGAKUMAR S/O. K. VIJAYADEV SINCE DEAD BY LRs.
6(a)(iv)(a) SMT. SHOBHA .N W/O. LATE NAGAKUMAR, AGED ABOUT 39 YEARS, 6(a)(iv)(b) KUM. SONAKRUTI D/O. LATE NAGAKUMAR, AGED ABOUT 11 YEARS, MINOR, REP. BY HER MOTHER AND NATURAL GUARDIAN SMT. SHOBHA .N 6(a)(v) SRI S.V. LOKESHA AGED ABOUT 43 YEARS, S/O. K. VIJAYADEV RESIDING AT NO.775, VIVEKANANDANAGAR, MANDYA – 571 402.
6(a)(vi) SRI S.V. RAVISHANKAR, AGED ABOUT 41 YEARS, S/O. K. VIJAYADEV, 6(a)(vii) SRI S.V. VIJAYENDRA, AGED ABOUT 39 YEARS, S/O. K. VIJAYADEV, RESPONDENTS 6(a)(i) to 6(a)(iii) AND 6(a)(iv),6(a)(v) &(vii) ARE RESIDING AT SIDDEGOWDANADODDI, KERAGODU HOBLI, MANDYA TALUK – 571 446.
6(b) SRI S.K. KRISHNE GOWDA, S/O. KEMPEGOWDA, SINCE DEAD BY LRs.
6(b)(i) SMT. TANUJA S.K., W/O. LATE S.K. KRISHNEGOWDA, MAJOR, 6(b)(ii) SMT. MEERA S.K., D/O. LATE S.K. KRISHNEGOWDA, MAJOR, 6(b)(iii) SRI GIRISH S.K., S/O. LATE S.K. KRISHNEGOWDA, MAJOR, 6(b)(iv) SRI HARISH S.K., S/O. LATE S.K. KRISHNEGOWDA, MAJOR, RESPONDENTS 6(b)(i) TO (iv) ARE RESIDING AT KERAGODU, MANDYA TALUK AND MANDYA DISTRICT – 571 446.
6(c) SMT. PUTTAMMA W/O. KEMPEGOWDA, AGED ABOUT 73 YEARS, 6(d) SMT. YASHODA D/O. LATE KEMPEGOWDA, AGED ABOUT 59 YEARS, 6(e) SMT. HEMAVATHI D/O. LATE KEMPEGOWDA, AGED ABOUT 54 YEARS, 6(f) SMT. SAROJA D/O. LATE KEMPEGOWDA, W/O. LATE THIMMAIAH, AGED ABOUT 65 YEARS, RESPONDENTS 6(c) TO (f) ARE RESIDING AT SIDDEGOWDANADODDI, KEREGODU HOBLI, MANDYA TALUK – 571 446.
6(g) SMT. SHARADA D/O. LATE KEMPEGOWDA W/O. LATE B.P. SHIVARAMAIAH AGED ABOUT 63 YEARS, R/AT HOSABUDANUR, KASABA HOBLI, MANDYA TALUK – 571 441.
6(h) SMT. DODDATHAYAMMA D/O. LATE PUTTAMMA (RESP-6) W/O. LATE PATEL JAVARAYI GOWDA, SINCE DEAD BY LRs.
6(h)(i) SMT. SHANTHAMMA W/O. LATE PATEL CHIKKANNA, AGED ABOUT 68 YEARS, RESIDING AT KERAGODU, MANDYA TALUK – 571 446.
6(h)(ii) SMT. GAYATHRI D/O. LATE PATEL CHIKKANNA, W/O. M.R. RAVINDRA AGED ABOUT 50 YEARS, RESIDING AT MARUTHI MEDICALS, OPP. GOVT. GENERAL HOSPITAL, NAGAMANGALA TOWN – 571 432. MANDYA DISTRICT.
6(h)(iii) SMT. GEETHA D/O. LATE PATEL CHIKKANNA, W/O. DEVAPPA, AGED ABOUT 48 YEARS, RESIDING AT CHIKKABALLI VILLAGE, BASARALU HOBLI, MANDYA TALUK – 571 444.
6(h)(iv) SMT. KUSUMA D/O. LATE PATEL CHIKKANNA, W/O. P. RAMAKRISHNEGOWDA, AGED ABOUT 45 YEARS, RESIDING AT KERAGODU, MANDYA TALUK – 571 446.
6(h)(v) SRI SHIVASWAMY S/O. LATE PATEL CHIKKANNA, AGED ABOUT 44 YEARS, RESIDING AT KERAGODU, MANDYA TALUK – 571 446.
6(h)(vi) SMT. NANDINI D/O. LATE PATEL CHIKKANNA, W/O. SIDDEGOWDA, AGED ABOUT 43 YEARS, RESIDING AT DEVARAHALLI VILLAGE HALAGUR HOBLI, MALAVALLI TALUK – 571 421.
6(l) SMT. CHIKKATHAYAMMA W/O. LATE KADEGOWDA D/O. LATE PUTTAMMA (RESPONDENT NO.3) SINCE DEAD BY HER LRs.
6(l)(i) SRI K. NAGARAJU S/O. LATE KADEGOWDA & CHIKKATHAYAMMA, SINCE DEAD BY LRs.
6(l)(i)(a) SMT. LAKSHMAMMA W/O. LATE K. NAGARAJU, AGED ABOUT 63 YEARS, 6(l)(i)(b) SMT. BHAGYALAKSHMI D/O. LATE K. NAGARAJU, AGED ABOUT 36 YEARS, 6(l)(i)(c) SRI MANJUNATHA S/O. LATE K. NAGARAJU, AGED ABOUT 34 YEARS, 6(l)(i)(d) SRI YOGANANDA S/O. LATE K. NAGARAJU, AGED ABOUT 32 YEARS, RESPONDENTS 6(l)(i)(a) TO (d) ARE The RESIDENTS OF KERAGODU, MANDYA TALUK – 571 446.
6(l)(ii) SRI SRIKANTA S/O. LATE KADEGOWDA AND CHIKKATHAYAMMA, AGED MAJOR, RESIDING AT KERAGODU MANDYA TALUK – 571 446.
6(l)(ii)(a) SRI K.S. RAJESH S/O. LATE SRIKANTA, AGED ABOUT 40 YEARS, 6(l)(ii)(b) SRI K.S. RAMESHA, S/O. LATE SRIKANTA, AGED ABOUT 38 YEARS, 6(l)(ii)(c) SMT. SHISHIRA, S/O. LATE SRIKANTA, W/O. SURESHA, AGED ABOUT 33 YEARS, ALL ARE RESIDING AT KERAGODU VILLAGE, MANDYA TALUK, MANDYA DISTRICT – 571 446.
(AMENDMENT IS CARRIED OUT AS PER ORDER DATED 30/05/2019) 6(l)(iii) SMT. JAYAMMA D/O. LATE KADEGOWDA AND CHIKKATHAYAMMA, SINCE DEAD BY LRs.
6(l)(iii)(a) SRI H.C. CHENNAKESHAVA S/O. LATE CHENNAIAH, AGED ABOUT 45 YEARS, 6(l)(iii)(b) SRI NANDAKISHORA S/O. LATE CHENNAIAH AGED ABOUT 43 YEARS, RESPONDENT NOS.6(l)(iii)(a) & (b) ARE RESIDING AT NO.87, 14TH ‘C’ MAIN, WCR 2ND STAGE, 2ND PHASE, MAHALAKSHMIPURAM, BANGALORE – 86.
6(l)(iv) SMT. AMBA D/O. LATE KADEGOWDA AND CHIKKATHAYAMMA, W/O. K. ANKEGOWDA, AGED ABOUT 63 YEARS, RESIDING AT SATHANUR, KANAKAPURA TALUK, RAMANAGARA DISTRICT – 562 121.
6(l)(v) SRI NATARAJA S/O. LATE KADEGOWDA AND CHIKKATHAYAMMA, AGED ABOUT 68 YEARS, RESIDING AT KERAGODU, MANDYA TALUK – 571 446. ... RESPONDENTS (BY SRI PUTTIGE R. RAMESH, ADVOCATE FOR R-1 TO R-3 & R-5;
SRI MURALI .N, ADVOCATE FOR R-4(b)) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC., PRAYING THIS HON’BLE COURT TO REVIEW THE ORDER DATED 13/01/2012 PASSED IN RFA.NO.1529/2003, ON THE FILE OF THE HON’BLE HIGH COURT OF KARNATAKA, BANGALORE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
O R D E R This review petition is preferred by the legal representatives of respondent No.4(b) in RFA.No.1529/2003 seeking to assail the compromise recorded in the said appeal by judgment dated 13/01/2012.
2. It is noted that the said judgment was passed on the basis of a Memorandum of Compromise filed by certain parties in the said appeal. The petitioners have a grievance with regard to the disposal of the said appeal by a compromise judgment and decree. If that is so, the petitioners herein can always seek recall of the said compromise judgment and decree by filing an application in the said proceeding viz., RFA.No.1529/2003. A review petition assailing a compromise or a consent decree is per se not maintainable under Order XLVII Rule 1 of the Code of Civil Procedure, 1908. In the circumstances, the review petition is dismissed as not maintainable reserving liberty to the petitioners to herein to seek appropriate remedy in accordance with law, if so advised.
In view of the disposal of the review petition, the pending applications stand disposed.
Sd/- JUDGE Sd/- JUDGE S*