IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA REVIEW PETITION NO.1020 OF 2014 IN REGULAR FIRST APPEAL NO.1842 OF 2012 BETWEEN:
SRI M. V. GANESHA PRASAD AGED ABOUT 56 YEARS, SON OF LATE M. L. VASUDEVAMURTHY, COFFEE PLANTER, BEHIND “LALITHA PRASADAM”, HOSAMANE EXTENSION, P.B.NO.153, CHIKAMAGALURU-577 101.
... PETITIONER (BY SRI M. V. GANESH PRASAD, PARTY-IN-PERSON) AND:
SRI M. L. VASUDEVA MURTHY AGED ABOUT 83 YEARS, SON OF LATE MYSURU LACHAI SETTY, (SINCE DECEASED BY LEGAL REPRESENTATIVES) 1. SMT. A. R. KAMALA WIFE OF A. RAMASHETTY, AGED ABOUT 73 YEARS, RESIDING AT NO.425 (428), SRIKAMAL NEAR, IYENGAR MESS, DEVAMBA AGRAHARA, MYSURU-570 001.
2. SMT. T. R. SATHYALAKSHMI WIFE OF T. R. RAMAPRASAD, AGED ABOUT 59 YEARS, RESIDING AT NO.115/1, SHARADA PRASAD, BULL TEMPLE ROAD, NAGARAJA LAYOUT, BENGALURU-560 018.
3. SMT. A. P. RUKMINI WIFE OF A. PARANJYOTHI, AGED ABOUT 58 YEARS, NO.202, 1ST 2ND FLOOR, 28TH CROSS, 7TH BLOCK, JAYANAGAR, BENGALURU-560 042.
4. SMT. B. N. GAYATHRI NATARAJ WIFE OF B. N. NATARAJ, AGED ABOUT 59 YEARS, NO.1, MAHALAKSHMI NIVAS, SHALIVAHANA ROAD, NAZARBAD EXTENSION, MYSURU-570 001.
5. SMT. V. GIRIJA SRINIVAS WIFE OF V. SRINIVASAN, AGED ABOUT 60 YEARS, NO.12, RAJARAJESHWARI KRUPA, 2ND MAIN, 4TH MAIN ROAD, JAYANAGAR BENGALURU-560 041.
6. SMT. M. V. PARVATHAVARDHANA WIFE OF LATE M. L. VASUDEVA MURTHY, AGED ABOUT 75 YEARS, COFFEE PLANTER, RESIDING AT LALITHA PRASADAM, HOSAMANE EXTENSION, CHIKMAGALURU-577 101.
7. SRI M. V. CHANDRASHEKAR SON OF LATE M. L. VASUDEVAMURTHY, AGED ABOUT 73 YEARS, NO.206, 2ND FLOOR, BRIGADE MM ANNEX, K. R. ROAD, BENGALURU-560 070.
8. SMT. M. V. GIRIJA WIFE OF V. SRINIVASAN, AGED ABOUT 60 YEARS, RESIDING AT NO.12, RAJARAJESHWARI KRUPA, 11TH MAIN, 33RD CROSS, 4TH S'T' BLOCK, JAYANAGAR, BENGALURU-560 042.
9. SRI D. VEERANDRA HEGGADE SON OF RATNAVARMA HEGGADE, AGED ABOUT 75 YEARS DHARMASTHALA-570 001, DAKSHINA KANNADA DISTRICT.
... RESPONDENTS THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER 47 RULE 1 OF CPC 1908, PRAYING TO REVIEW THE JUDGMENT DATED 06.01.2014 PASSED IN R.F.A.NO.1842 OF 2012, ON THE FILE OF THE HON'BLE HIGH COURT OF KARNATAKA,BENGALURU AND ETC.
***** THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH, J., PASSED THE FOLLOWING:
ORDER This petition is filed seeking to review the judgment dated 06.01.2014, passed in R.F.A.No.1842 of 2012. In terms of the aforesaid order, the appeal was dismissed.
2. The petitioner – party-in-person contends that challenging the aforesaid judgment, SLP No.14438 of 2014 was filed before the Hon'ble Supreme Court. That by the order dated 04.07.2014, the SLP was dismissed. Hence, there is a delay of 202 days in filing this petition. That the delay is bonafide.
3. However, on merits we find no error apparent on the face of the record. What is sought to be contested is rehearing the matter on merits. In the absence of any error apparent on the face of the record, there is no ground to interfere in the aforesaid judgment. Hence, the review petition is dismissed.
In view of the dismissal of the petition, it is needless to consider the application for condonation of delay. Therefore, the application in I.A.No.1 of 2017 stands rejected.
Sd/- Sd/-
JUDGE JUDGE JJ