IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 06TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD REVIEW PETITION NO. 779 OF 2013 CONNECTED WITH REVIEW PETITION NO. 797 OF 2013 IN RFA 331 OF 1984 IN REVIEW PETITION NO. 779 OF 2013 BETWEEN:
1. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED 63 YEARS OCCUPATION: POLITICIAN RESIDING AT NO. 22B, 1st MAIN 1st CROSS, RMV LAYOUT II PHASE, BENGALURU – 560 094.
2. SRI. M. V. RAJASEKHARAN SON OF C. VEERASHETTAIAH AGED 86 YEARS OCCUPATION: EX.M.L.C. AND TRUSTEE, RESIDING AT NO. 21/1, KANAKAPURA ROAD, BANASAVADI, BENGALURU -560 043.
3. SRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED 58 YEARS OCCUPATION: HOSTEL BUSINESS RESIDING AT NO.99, VISHALA NILAYA 2ND CROSS, 3RD MAIN 4th PHASE, DOLLARS LAYOUT J. P. NAGAR, BENGALURU – 560 078.
4. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED 63 YEARS OCCUPATION: POLITICIAN RESIDING AT NO. 22B, 1ST MAIN 1ST CROSS, RMV LAYOUT II PHASE, BENGALURU – 560 094.
5. SRI. M. V. RAJASEKHARAN SON OF C. VEERASHETTAIAH AGED 86 YEARS OCCUPATION: EX.M.L.C. AND TRUSTEE, RESIDING AT NO. 21/1, KANAKAPURA ROAD, BANASAVADI, BENGALURU -560 043.
6. SRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED 58 YEARS OCCUPATION: HOSTEL BUSINESS RESIDING AT NO.99, VISHALA NILAYA 2ND CROSS, 3RD MAIN 4TH PHASE, DOLLARS LAYOUT J. P. NAGAR, BENGALURU – 560 078.
7. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED 63 YEARS OCCUPATION: POLITICIAN RESIDING AT NO. 22B, 1st MAIN 1ST CROSS, RMV LAYOUT II PHASE, BENGALURU – 560 094.
8. SRI. M. V. RAJASEKHARAN SON OF C. VEERASHETTAIAH AGED 86 YEARS OCCUPATION: EX.M.L.C. AND TRUSTEE, RESIDING AT NO. 21/1 KANAKAPURA ROAD, BANASAVADI, BENGALURU – 560 004.
9. SRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED 58 YEARS OCCUPATION: HOSTEL BUSINESS RESIDING AT NO.99, VISHALA NILAYA 2ND CROSS, 3RD MAIN 4TH PHASE, DOLLARS LAYOUT J. P. NAGAR, BENGALURU – 560 078.
10. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED 63 YEARS OCCUPATION: POLITICIAN RESIDING AT NO. 22B, 1ST MAIN 1ST CROSS, RMV 2ND PHASE , BENGALURU – 560 094.
11. SRI. M. V. RAJASEKHARAN SON OF C. VEERASHETTAIAH AGED 86 YEARS OCCUPATION: EX.M.L.C.
RESIDING AT NO. 21/1, KANAKAPURA ROAD, BASAVANAGUDI BENGALURU – 560 004.
12. SRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED 58 YEARS OCCUPATION: HOSTEL BUSINESS RESIDING AT NO.99, “VISHALA NILAYA” 2ND CROSS, 3RD MAIN 4TH PHASE, DOLLARS LAYOUT J. P. NAGAR, BENGALURU - 560 078.
13. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED 63 YEARS RESIDING AT NO. 22B, 1ST MAIN 1ST CROSS, RMV LAYOUT II PHASE, BENGALURU – 560 094.
14. SHRI. M. V. RAJASHEKHARAN SON OF C. VEERASHETTAIAH AGED 86 YEARS OCCUPATION: EX.M.L.C.
RESIDING AT NO. 21/1, KANAKAPURA ROAD, BASAVANAGUDI BENGALURU – 560 004.
15. SHRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED 58 YEARS RESIDING AT NO.99, “VISHALA NILAYA” 2ND CROSS, 3RD MAIN 4TH PHASE, DOLLARS LAYOUT J. P. NAGAR, BENGALURU – 560 078.
16. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED 63 YEARS RESIDING AT NO. 22B, 1ST MAIN 1ST CROSS, RMV LAYOUT II PHASE, BENGALURU – 560 094.
17. SHRI. M. V.RAJASHEKHARAN SON OF C. VEERASHETTAIAH AGED 86 YEARS OCCUPATION: EX.M.L.C.
RESIDING AT NO. 21/1, KANAKAPURA ROAD, BASAVANAGUDI BENGALURU -560 004.
18. SHRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED 58 YEARS OCCUPATION: HOSTEL BUSINESS RESIDING AT NO.99, “VISHALA NILAYA” 2ND CROSS, 3RD MAIN 4TH PHASE, DOLLARS LAYOUT J. P. NAGAR, BENGALURU – 560 078.
19. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED 63 YEARS OCCUPATION: POLITICIAN RESIDING AT NO. 22B, 1ST MAIN 1ST CROSS, RMV LAYOUT II PHASE, BENGALURU – 560 094.
20. SHRI. M. V. RAJASHEKHARAN SON OF C. VEERASHETTAIAH AGED 86 YEARS OCCUPATION: EX.M.L.C.
RESIDING AT NO. 21/1, KANAKAPURA ROAD, BASAVANAGUDI BENGALURU – 560 004.
21. SHRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED 58 YEARS RESIDING AT NO.99, VISHALA NILAYA 2ND CROSS, 3RD MAIN 4TH PHASE, DOLLARS LAYOUT J P NAGAR, BENGALURU – 560 078.
22. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED 63 YEARS RESIDING AT NO. 22B, 1ST MAIN 1ST CROSS, RMV LAYOUT II PHASE, BENGALURU – 560 094.
23. SHRI. M. V. RAJASHEKHARAN SON OF C VEERASHETTAIAH AGED 86 YEARS OCCUPATION: EX.M.L.C.
RESIDING AT NO. 21/1, KANAKAPURA ROAD, BASAVANAGUDI BENGALURU – 560 004.
24. SHRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED 58 YEARS RESIDING AT NO.99, VISHALA NILAYA 2ND CROSS, 3RD MAIN 4TH PHASE, DOLLARS LAYOUT J P NAGAR, BENGALURU – 560 078.
... PETITIONERS (BY SRI. MANMOHAN. P.N ADVOCATE) AND:
1. SRI. VIJAY KUMAR SON OF DHANPAL KUCHANURE AGED ABOUT 49 YEARS RESIDING AT NO. 78, RANI CHANNAMMA NAGAR, FIRST STAGE FIRST BELGAUM - 590 006.
2. SRI. VASANT SON OF GURUNATH NADJOSHI AGED ABOUT 45 YEARS RESIDING AT NO. 29, "SHRI GURU" MAYUR ESTATE, HUBLI-580 023.
3. SRI. CHANNAPPA VEERASANGAPPA KUMBARGOUDAR SON OF VEERASANGAPPA AGED ABOUT 65 YEARS RESIDING AT 1ST CROSS, MALAPUR NEAR PATHAN MARRIAGE HALL DHARWAD - 580 008.
4. SRI. SIDDARAJ SON OF MAHABALESHWARAPPA KALKOTI AGED ABOUT 40 YEARS RESIDING AT KORADUR TALUK HAVERI DISTRICT - 581 110.
5. THE LOKA SHIKSHANA TRUST HUBLI REPRESENTED BY ITS CHAIRMAN NO.2, RESIDENCY ROAD BENGALURU - 560 025.
6. SAMYUKTA KARNATAKA EMPLOYEES UNION NO.2, RESIDENCY ROAD BENGALURU – 560 025.
7. SRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION: ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO. 558, 1ST MAIN ROAD RAJMAHAL VILAS(DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU – 560 094.
8. SRI. PRAHLAD JOSHI FATHERS NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 49 YEARS OCCUPATION: MEMBER OF PARLILAMENT RESIDING AT "KAMITHARTHA" MAYURI EXTENSION HUBLI – 580 023.
9. SRI. RAJA DESAI SON OF LATE NARAYAN ROA DESAI MAJOR, RESIDING AT RAJNAGAR HUBLI – 580 023.
10. SRI VIJAY KUMAR SON OF DHANPAL KUCHANURE AGED ABOUT 49 YEARS RESIDING AT NO. 78, RANI CHANNAMMA NAGAR, FIRST STAGE FIRST BELGAUM - 590 006.
11. SRI. VASANT SON OF GURUNATH NADJOSHI AGED ABOUT 45 YEARS RESIDING AT NO. 29, "SHRI GURU" MAYUR ESTATE, HUBLI – 580 023.
12. SRI. CHANNAPPA VEERASANGAPPA KUMBARGOUDAR SON OF VEERASANGAPPA AGED ABOUT 65 YEARS RESIDING AT 1ST CROSS, MALAPUR NEAR PATHAN MARRIAGE HALL DHARWAD - 580 008.
13. SRI. SIDDARAJ SON OF MAHABALESHWARAPPA KALKOTI AGED ABOUT 40 YEARS RESIDING AT KORADUR TALUK HAVERI DISTRICT -580 111.
14. THE LOKA SHIKSHANA TRUST, HUBLI REPRESENTED BY ITS CHAIRMAN NO.2, RESIDENCY ROAD BENGALURU - 560 025.
15. SAMYUKTA KARNATAKA EMPLOYEES UNION NO.2, RESIDENCY ROAD BENGALURU - 560 025.
16. SRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION: ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO. 558, 1ST MAIN ROAD RAJMAHAL VILAS(DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU - 560 094.
17. SRI. PRAHLAD JOSHI FATHERS NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 49 YEARS OCCUPATION: MEMBER OF PARLILAMENT RESIDING AT "KAMITHARTHA" MAYURI EXTENSION HUBLI – 580 023.
18. SRI. RAJA DESAI SON OF LATE NARAYAN ROA DESAI MAJOR, RESIDING AT RAJNAGAR HUBLI – 580 003.
19. SRI. VIJAY KUMAR SON OF DHANPAL KUCHANURE AGED ABOUT 49 YEARS RESIDING AT NO. 78, RANI CHANNAMMA NAGAR, FIRST STAGE FIRST BELGAUM - 590 006.
20. SRI. VASANT SON OF GURUNATH NADJOSHI AGED ABOUT 45 YEARS RESIDING AT NO. 29, "SHRI GURU" MAYUR ESTATE, HUBLI – 580 023.
21. SRI. CHANNAPPA VEERAANGAPPA KUMBARGOUDAR SON OF VEERASANGAPPA AGED ABOUT 65 YEARS RESIDING AT 1ST CROSS, MALAPUR NEAR PATHAN MARRIAGE HALL DHARWAD - 580 008.
22. SRI. SIDDARAJ SON OF MAHABALESHWARAPPA KALKOTI AGED ABOUT 40 YEARS RESIDING AT KORADUR TALUK HAVERI DISTRICT -580 111.
23. THE LOKA SHIKSHANA TRUST, HUBLI REPRESENTED BY ITS CHAIRMAN NO.2, RESIDENCY ROAD BENGALURU – 560 025.
24. SAMYUKTA KARNATAKA EMPLOYEES UNION NO.2, RESIDENCY ROAD, BENGALURU - 560 025.
25. SRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION: ADVOCATE AND CHAIRMAN, LOKA SHIKSHANA TRUST NO. 558, 1ST MAIN ROAD RAJMAHAL VILAS(DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU - 560 094.
26. SRI. PRAHLAD JOSHI FATHERS NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 49 YEARS OCCUPATION: MEMBER OF PARLILAMENT RESIDING AT "KAMITHARTHA" MAYURI EXTENSION HUBLI -580 023.
27. SRI. RAJA DESAI SON OF LATE NARAYAN ROA DESAI MAJOR, RESIDING AT RAJNAGAR HUBLI – 580 023.
28. SHRI. LINGAPPA SON OF SIDDAPPA HOTTIN AGED ABOUT 55 YEARS OCCUPATION: ADVOCATE RESIDING AT PLOT NO. 626, 3RD MAIN 8TH CROSS, BENDRE NAGAR DHARWAD -580 008.
29. MR. RAHEMAN SAB SON OF MUKTUM SAB DARAGAD AGED ABOUT 57 YEARS OCCUPATION: INDUSTRIALIST RESIDING AT AJMERI VILLA 2ND CROSS, SHIVAGIRI DHARWAD – 580 008.
30. SRI. ASHOK HARANAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION: ADVOCATE AND CHAIRMAN, LOKA SHIKSHANA TRUST NO. 558, 1ST MAIN ROAD RAJMAHAL VILAS(DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU – 560 094.
31. SRI. PRAHLAD JOSHI FATHERS NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 49 YEARS OCCUPATION: MEMBER OF PARLILAMENT RESIDING AT "KAMITHARTHA" MAYURI EXTENSION HUBLI – 580 023.
32. SHRI. RAGHAVENDRA T. TAVANAPPANAVAR SON OF T. TAVANAPPANAVAR AGED ABOUT 54 YEARS RESIDING AT NO. 106, KOTILINGANAGAR GOKUL ROAD, HUBLI-580 024.
33. SHRI. VIJAY KUMAR P. SHIRAGUPPI SON OF SHRI PADMARAJ AGED ABOUT 39 YEARS RESIDING AT "RADHA KUNJ", 1ST MAIN 1ST CROSS, YALAKI SHETTAR COLONY, VIDHYAGIRI DHARWAD – 580 008.
34. SHRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION: ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO. 558, 1ST MAIN ROAD RAJMAHAL VILAS(DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU – 560 094.
35. SHRI. PRAHLAD JOSHI FATHERS NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 48 YEARS OCCUPATION: MEMBER OF PARLILAMENT RESIDING AT "KAMITHARTHA" MAYURI EXTENSION HUBLI – 580 023.
36. SHRI. RAGHAVENDRA T. TAVANAPPANAVAR SON OF T. TAVANAPPANAVAR AGED ABOUT 54 YEARS RESIDING AT NO. 106, KOTILINGANAGAR GOKUL ROAD, HUBLI – 580 024.
37. SHRI. VIJAY KUMAR P SHIRAGUPPI SON OF SHRI PADMARAJ AGED ABOUT 39 YEARS RESIDING AT "RADHA KUNJ", 1ST MAIN 1ST CROSS, YALAKI SHETTAR COLONY, VIDHYAGIRI DHARWAD – 580 008.
38. SHRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION: ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO. 558, 1ST MAIN ROAD RAJMAHAL VILAS(DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU - 560 094.
39. SHRI. PRAHLAD JOSHI FATHER’S NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 48 YEARS OCCUPATION: MEMBER OF PARLILAMENT RESIDING AT "KAMITHARTHA" MAYURI EXTENSION HUBLI – 580 023.
40. SHRI. PRAHLAD JOSHI FATHER’S NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 49 YEARS RESIDING AT "KAMITHARTHA" MAYURI EXTENSION HUBLI -580 023.
41. SHRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION: ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO. 558, 1ST MAIN ROAD RAJMAHAL VILAS(DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU – 560 094.
42. SHRI. PRAHLAD JOSHI FATHERS NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 49 YEARS RESIDING AT "KAMITHARTHA"
MAYURI EXTENSION, HUBLI – 580 023.
43. SHRI. ASHOK HARNAHALLLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION: ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO. 558, 1ST MAIN ROAD RAJMAHAL VILAS(DOLLARS COLONY) 2ND PHASE, 3RD BLOCK, BENGALURU – 560 094.
... RESPONDENTS (BY SRI. JANARDHAN, ADVOCATE FOR RESPONDENT NO.10 ;
SRI. SANATH KUMAR.A, ADVOCATE, FOR RESPONDENTS NO.1 IN IA IV/2012;
RESPONDENT NOS.1 TO 9 AND 11 TO 13 ARE SERVED, BUT UNREPRESENTED) THIS PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING THIS HON'BLE COURT TO REVIEW THE ORDER DATED 19/04/2013 PASSED ON I.A.1/2012 TO 8/2012 IN RFA.331 OF 1984, ON THE FILE OF THE HON'BLE HIGH COURT OF KARNATAKA, BENGALURU.
IN REVIEW PETITION NO. 797 OF 2013 BETWEEN:
1. SRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION, ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO.558, 1ST MAIN ROAD RAJMAHAL VILAS (DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU – 560 094.
2. SRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION, ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO.558, 1ST MAIN ROAD RAJMAHAL VILAS (DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU – 560 094.
3. SRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION, ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO.558, 1ST MAIN ROAD RAJMAHAL VILAS (DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU – 560 094.
4. SRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION, ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO.558, 1ST MAIN ROAD RAJMAHAL VILAS (DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU – 560 094.
5. SRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION, ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO.558, 1ST MAIN ROAD RAJMAHAL VILAS (DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU – 560 094.
6. SRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION, ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO.558, 1ST MAIN ROAD RAJMAHAL VILAS (DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU – 560 094.
7. SRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION, ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO.558, 1ST MAIN ROAD RAJMAHAL VILAS (DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU – 560 094.
8. SRI. ASHOK HARNAHALLI SON OF LATE HARNAHALLI RAMASWAMY AGED ABOUT 57 YEARS OCCUPATION, ADVOCATE AND CHAIRMAN LOKA SHIKSHANA TRUST NO.558, 1ST MAIN ROAD RAJMAHAL VILAS (DOLLARS COLONY) 2ND PHASE, 3RD BLOCK BENGALURU – 560 094.
... PETITIONERS (BY SRI.SANDEEP PATIL, ADVOCATE) AND:
1. SRI. VIJAY KUMAR SON OF DHANPAL KUCHANURE AGED ABOUT 49 YEARS RESIDING AT NO.78, RANI CHANNAMMA NAGAR FIRST STAGE FIRST BELGAUM - 590 006.
2. SRI. VASANT SON OF GURUNATH NADJOSHI AGED ABOUT 45 YEARS RESIDING AT NO.29, SHRI GURU MAYUR ESTATE, HUBLI – 580 023.
3. SRI. CHANNAPPA VEERASANGAPPA KUMBARGOUDAR SON OF VEERASANGAPPA AGED ABOUT 65 YEARS RESIDING AT 1ST CROSS MALAPUR, NEAR PATHAN MARRIAGE HALL, DHARWAD – 580 008.
4. SRI SIDDARAJ, SON OF MAHABALESHWARAPPA KALKOTI AGED ABOUT 40 YEARS RESIDING AT KORADUR TALUK HAVERI DISTRICT.
5. THE LOKA SHIKSHANA TRUST HUBLI REPRESENTED BY ITS CHAIRMAN NO.2, RESIDENCY ROAD, BENGALURU – 560 025.
6. SAMYUKTA KARNATAKA EMPLOYEES UNION NO.2, RESIDENCY ROAD BENGALURU -560 025.
7. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED ABOUT 63 YEARS OCCUPATION : POLITICIAN RESIDING AT NO.22B, 1ST MAIN, 1ST CROSS, RMV LAYOUT, II PHASE BENGALURU – 560 094.
8. SRI. M. V. RAJASEKHARAN SON OF C. VEERASHETTAIAH AGED ABOUT 86 YEARS OCCUPATION:EX. MLC AND TRUSTEE RESIDING AT NO.21/1 KANAKAPURA ROAD BANASAVADI, BENGALURU – 560 004.
9. SRI. PRAHLAD JOSHI FATHER’S NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 49 YEARS OCCUPATION:MEMBER OF PARLIAMENT RESIDING AT “KAMITHARTHA”
MAYURI EXTENSION HUBLI – 580 023.
10. SRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED ABOUT 58 YEARS OCCUPATION:HOTEL BUSINESS RESIDING AT NO.99, VISHALA NILAYA 2ND CROSS, 3RD MAIN, 4TH PHASE DOLLARS LAYOUT, J P NAGAR BENGALURU – 560 078.
11. SRI. RAJA DESAI SON OF LATE NARAYAN RAO DESAI MAJOR, RESIDING AT RAJNAGAR HUBLI – 580 023.
12. SRI. VIJAY KUMAR SON OF DHANPAL KUCHANURE AGED ABOUT 49 YEARS RESIDING AT NO.78 RANI CHANNAMMA NAGAR FIRST STAGE FIRST BELGAUM – 590 006.
13. SRI VASANT SON OF GURUNATH NADJOSHI AGED ABOUT 45 YEARS RESIDING AT NO.29 SHRI GURU MAYUR ESTATE HUBLI - 580 023.
14. SRI. CHANNAPPA VEERASANGAPPA KUMBARGOUDAR, SON OF VEERASANGAPPA AGED ABOUT 65 YEARS RESIDING AT 1ST CROSS MALAPUR NEAR PATHAN MARRIAGE HALL DHARWAD - 580 008.
15. SRI. SIDDARAJ SON OF MAHABALESHWARAPPA KALKOTI AGED ABOUT 40 YEARS RESIDING AT KORADUR TALUK HAVERI DISTRICT.
16. THE LOKA SHIKSHANA TRUST, HUBLI REPRESENTED BY ITS CHAIRMAN NO.2, RESIDENCY ROAD BENGALURU – 560 025.
17. SAMYUKTA KARNATAKA EMPLOYEES UNION NO.2, RESIDENCY ROAD BENGALURU – 560 025.
18. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED ABOUT 63 YEARS OCCUPATION:POLITICIAN RESIDING AT NO.22B, 1ST MAIN 1ST CROSS, RMV LAYOUT, II PHASE BENGALURU – 560 094.
19. SRI. M V RAJASEKHARAN SON OF C. VEERASHETTAIAH AGED ABOUT 86 YEARS OCCUPATION:EX. M L C AND TRUSTEE RESIDING AT NO.21/1, KANAKAPURA ROAD BANASAWADI BENGALURU – 560 004.
20. SRI. PRAHLAD JOSHI FATHER’S NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 49 YEARS OCCUPATION:MEMBER OF PARLIAMENT RESIDING AT KAMITHARTHA MAYURI EXTENSION HUBLI – 580 023.
21. SRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED ABOUT 58 YEARS OCCUPATION:HOTEL BUSINESS RESIDING AT NO.99, VISHALA NILAYA 2ND CROSS, 3RD MAIN, 4TH PHASE DOLLARS LAYOUT, J. P. NAGAR BENGALURU – 560 078.
22. SRI. RAJA DESAI SON OF LATE NARAYAN ROA DESAI MAJOR, RESIDING AT RAJNAGAR HUBLI – 580 023.
23. SRI. VIJAY KUMAR SON OF DHANPAL KUCHANURE AGED ABOUT 49 YEARS RESIDING AT NO.78, RANI CHANNAMMA NAGAR FIRST STAGE FIRST BELGAUM – 590 006.
24. SRI. VASANT SON OF GURUNATH NADJOSHI AGED ABOUT 45 YEARS RESIDING AT NO.29, SHRI GURU MAYUR ESTATE HUBLI-580 023.
25. SRI. CHANNAPPA VEERASANGAPPA KUMBARGOUDAR SON OF VEERASANGAPPA AGED ABOUT 65 YEARS RESIDING AT 1ST CROSS MALAPUR NEAR PATHAN MARRIAGE HALL DHARWAD - 580 008.
26. SRI. SIDDARAJ SON OF MAHABALESHWARAPPA KALKOTI AGED ABOUT 40 YEARS RESIDING AT KORADUR TALUK HAVERI DISTRICT.
27. THE LOKA SHIKSHANA TRUST, HUBLI, REPRESENTED BY ITS CHAIRMAN NO.2, RESIDENCY ROAD BENGALURU – 560 025.
28. SAMYUKTA KARNATAKA EMPLOYEES UNION NO.2, RESIDENCY ROAD BENGALURU – 560 025.
29. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED ABOUT 63 YEARS OCCUPATION: POLITICIAN RESIDING AT NO.22B, 1ST MAIN, 1ST CROSS RMV LAYOUT, II PHASE BENGALURU – 560 094.
30. SRI. M. V. RAJASEKHARAN SON OF C. VEERASHETTAIAH AGED ABOUT 86 YEARS OCCUPATION:EX.M L C AND TRUSTEE RESIDING AT NO.21/1, KANAKAPURA ROAD BANASAVADI BENGALURU – 560 004.
31. SRI. PRAHLAD JOSHI FATHERS NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 49 YEARS OCCUPATION:MEMBER OF PARLIAMENT RESIDING AT KAMITHARTHA MAYURI EXTENSION, HUBLI – 580 023.
32. SRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED ABOUT 58 YEARS OCCUPATION:HOTEL BUSINESS RESIDING AT NO.99, VISHALA NILAYA 2ND CROSS, 3RD MAIN, 4TH PHASE DOLLARS LAYOUT, J. P. NAGAR BENGALURU – 560 078.
33. SRI. RAJA DESAI SON OF LATE NARAYAN RAO DESAI MAJOR, RESIDING AT RAJNAGAR HUBLI – 580 023.
34. SHRI. LINGAPPA SON OF SIDDAPPA HOTTIN AGED ABOUT 55 YEARS OCCUPATION : ADVOCATE RESIDING AT PLOT NO.626 3RD MAIN, 8TH CROSS, BENDRA NAGAR DHARWAD – 580 008.
35. MR. RAHEMAN SAB SON OF MUKTUM SAB DARAGAD, AGED ABOUT 57 YEARS OCCUPATION:INDUSTRIALIS RESIDING AT AJMERI VILLA 2ND CROSS, SHIVAGIRI DHARWAD – 580 008.
36. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED ABOUT 63 YEARS OCCUPATION : BUSINESS RESIDING AT NO.22, 1ST CROSS RMV 2ND STAGE BENGALURU – 560 094.
37. SRI. M. V. RAJASHEKHARAN SON OF C. VEERASHETTAIAH AGED ABOUT 86 YEARS OCCUPATION:EX M L C RESIDING AT NO.21/1 KANAKAPURA ROAD BANASAVADI BENGALURU – 560 004.
38. SRI. PRAHLAD JOSHI FATHER’S NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 48 YEARS OCCUPATION:MEMBER OF PARLIAMNET RESIDING AT KAMITHARTHA MAYURI EXTENSION HUBLI – 580 023.
39. SRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED ABOUT 58 YEARS OCCUPATION:HOTEL BUSINESS RESIDING AT NO.99, VISHALA NILAYA 2ND CROSS, 3RD MAIN, 4TH PHASE DOLLARS LAYOUT, J. P. NAGAR BENGALURU – 560 078.
40. SHRI. RAGHAVENDRA T. TAVANAPPANAVAR, SON OF T. TAVANAPPANAVAR AGED ABOUT 54 YEARS RESIDING AT NO.106, KOTILINGANAGAR GOKUL ROAD, HUBLI – 580 024.
41. SHRI. VIJAY KUMAR P. SHIRAGUPPI SON OF SHRI. PADMARAJ AGED ABOUT 39 YEARS RESIDING AT RADHA KUNJ, 1ST MAIN, 1ST CROSS YALAKI SETTAR COLONY VIDHYAGIRI, DHARWAD – 580 008.
42. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED ABOUT 63 YEARS RESIDING AT NO.22B, 1ST MAIN, 1ST CROSS RMV LAYOUT, II PHASE BENGALURU – 560 094.
43. SHRI. M. V. RAJASHEKHARAN SON OF C. VEERASHETTAIAH AGED ABOUT 86 YEARS EX M L C RESIDING AT 21/1, KANAKAPURA ROAD BASAVANGUDI BENGALURU – 560 004.
44. SHRI. PRAHLAD JOSHI FATHER’S NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 48 YEARS MEMBER OF PARLIAMENT RESIDING AT “KAMITHARTHA” MAYURI EXTENSION HUBLI – 580 0 23.
45. SHRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED ABOUT 58 YEARS RESIDING AT NO.99, “VISHALA NILAYA” 2ND CROSS, 3RD MAIN, 4TH PHASE DOLLARS LAYOUT J. P. NAGAR, BENGALURU – 560 078.
46. SHRI. RAGHAVENDRA T. TAVANAPPANAVAR SON OF T. TAVANAPPANAVAR AGED ABOUT 54 YEARS RESIDING AT NO.106, KOTILINGANAGAR GOKUL ROAD, HUBLI – 580 024.
47. SHRI. VIJAY KUMAR P. SHIRAGUPPI SON OF SHRI. PADMARAJ AGED ABOUT 39 YEARS RESIDING AT “RADHA KUNJ”, 1ST MAIN, 1ST CROSS YALAKI SHETTAR COLONY VIDHYAGIRI, DHARWAD – 580 008.
48. SRI. UMESH BHAT SON OF SHANKAR RAMACHADNRA RAO AGED ABOUT 63 YEARS RESIDING AT NO.22B, 1ST MAIN, 1ST CROSS RMV LAYOUT, II PHASE BENGALURU - 560 094.
49. SHRI. M. V. RAJASHEKHARAN SON OF C. VEERASHETTAIAH AGED ABOUT 86 YEARS EX M. L. C., RESIDING AT 21/1, KANAKAPURA ROAD BASAVANAGUDI BENGALURU – 560 004.
50. SHRI. PRAHLD JOSHI FATHER’S NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 48 YEARS MEMBER OF PARLIAMENT RESIDING AT “KAMITHARTHA” MAYURI EXTENSION HUBLI – 580 023.
51. SHRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED ABOUT 58 YEARS RESIDING AT NO.99, “VISHALA NILAYA” 2ND CROSS, 3RD MAIN 4TH PHASE, DOLLARS LAYOUT J P NAGAR, BENGALURU – 560 078.
52. SHRI. PRAHLAD JOSHI FATHER’S NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 49 YEARS OCCUPATION:MEMBER OF PARLIAMENT RESIDING AT “KAMITHARTHA”
MAYURI EXTENSION HUBLI – 580 023.
53. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT AGED ABOUT 63 YEARS OCCUPATION:POLITICIAN RESIDING AT NO.22B, 1st MAIN, 1st CROSS RMV LAYOUT, II PHASE, BENGALURU – 560 094.
54. SHRI. M. V. RAJASHEKHARAN SON OF C VEERASHETTAIAH AGED ABOUT 86 YEARS EX. M L C, RESIDING AT 21/1, KANAKAPURA ROAD BASAVANAGUDI, BENGALURU -560 004.
55. SHRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED ABOUT 58 YEARS RESIDING AT NO.99, VISHALA NILAYA 2ND CROSS, 3RD MAIN, 4TH PHASE DOLLARS LAYOUT, J. P. NAGAR BENGALURU – 560 078.
56. SHRI. PRAHLAD JOSHI FATHERS NAME NOT KNOWN TO THE PETITIONERS AGED ABOUT 49 YEARS OCCUPATION:MEMBER OF PARLIAMENT RESIDING AT “KAMITHARTHA” MAYURI EXTENSION HUBLI – 580 023.
57. SRI. UMESH BHAT SON OF SHANKAR RAMACHANDRA BHAT, AGED ABOUT 63 YEARS OCCUPATION:POLITICIAN RESIDING AT NO.22B, 1st MAIN, 1st CROSS RMV LAYOUT, II PHASE, BENGALURU – 560 094.
58. SHRI. M. V. RAJASHEKHARAN SON OF C. VEERASHETTAIAH AGED ABOUT 86 YEARS OCCUPATION:EX. MLC RESIDING AT NO.21/1 KANAKAPURA ROAD BANASAVADI BENGALURU – 560 004.
59. SHRI. U. B. VENKATESH SON OF LATE VASUDEVA RAO AGED ABOUT 58 YEARS RESIDING AT NO.99, VISHALA NILAYA 2ND CROSS, 3RD MAIN, 4TH PHASE DOLLARS LAYOUT, J. P. NAGAR BENGALURU - 560 078.
... RESPONDENTS (RESPONDENT NOS.1 TO 15 ARE SERVED, BUT UNREPRESENTED) THIS PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING THIS HON'BLE COURT TO REVIEW THE ORDER DATED 19/04/2013 PASSED ON I.A NO.1 TO 8/2012 IN RFA.331 OF 1984, ON THE FILE OF THE HON'BLE HIGH COURT OF KARNATAKA, BENGALURU.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER Review Petition No.779 of 2013 is filed by respondent No.4, 5 and 7 seeking to review the order dated 19.4.2013 passed in RFA No.331 of 1984 in IAs.1 to 8 of 2012.
2. Review Petition No.797 of 2013 is filed by respondent No.3 in RFA No.331 of 1984 seeking to recall the order dated 19.4.2013.
3. By the order under review, IAs. 1 to 8 of 2012 were considered. Aggrieved by the said order, the respondents therein filed a Special Leave Petition (CC) No.14630-634 of 2013. By the order dated 26.8.2013, the petitions were permitted to be withdrawn to file Review Petitions. Hence, these petitions.
4. It is presently submitted by learned counsels that some of the interlocutory applications have been dismissed as withdrawn and there are no applications to revive the said orders. Therefore, only I.A.4 of 2012 remains for consideration.
5. The applications were opposed on the ground that this court in the earlier order dated 29.8.2006, held that the word ‘court’ as occurring in clause -38 of the Scheme was clarified to mean “District Court”, Bengaluru (City Civil Court). However, while considering the said applications independent reasonings have been assigned with regard to the interpretation of the word “court” as appearing in clause 38.
6. We do not find from the said order that the earlier order dated 19.4.2013 passed by this court in RFA No.331 of 1984 has been considered. There is a specific finding recorded in the said order, that the word “court” has to be considered as the ‘District Court’, Bengaluru.
Therefore, to subsequently hold that the applications have to be considered by the High Court is untenable. There is already an order defining what a “court” means which has not been considered in the order under review. Non- consideration of the earlier order is an error that is committed. Therefore, the said order suffers from an error apparent on the face of the record.
7. Consequently, the petitions are allowed. The order dated 19.4.2013 passed in RFA No.331 of 1984 is recalled. RFA No.331 of 1984 is restored to file.
SD/- SD/-
JUDGE JUDGE nv