IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA R.P.NO.535/2017 BETWEEN:
SMT. SRIDEVI D/O. VENKAPPA GOLLA AGED ABOUT 67 YEARS OCC: AGRICULTURE R/AT BIRTHI VARAMBALLI VILLAGE UDUPI-576 101. …PETITIONER (BY SRI. B.R. SRINIVASA GOWDA, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001.
2. THE LAND TRIBUNAL UDUPI, UDUPI TALUK-576 101 BY ITS SECRETARY.
3. G SUMATHI R SHETTY W/O. RAJIVA SHETTY AGED ABOUT 40 YEARS R/AT GUDDABETTU DADDAMANE VAMBALLI VILLAGE UDUPI-576 101.
4. MUTHAKKA W/O. VENKAPPA GOLA MAJOR, R/AT BIRTHI, VARAMBALLI VILLAGE UDUPI-576 101.
5. MEENAKSHI DAUGHTER IN LAW OF HIRIYANNA SHETTY MAJOR, R/AT SHANTHE MARKET BHRAMAVAR POST UDUPI-576 101. …RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, AGA FOR R1 AND R2 R3 AND R4 ARE SERVED BUT REMAIN UNREPRESENTED) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO A) REVIEW THE ORDER PASSED BY THIS HON’BLE COURT DATED: 28.01.2004 AT ANNEXURE –D IN WRIT PETITION NO.38514/2001, STATING THAT SY.NO.46/4, MEASURING 1 ACRE 32 ½ CENTS, THE LAND SITUATED VARAMBALLI VILLAGE UDUPI TALUK, NOT DESCRIBED IN THE INTEREST OF JUSTICE AND EQUITY. B) ALLOW THIS REVIEW PETITION AND PASS SUCH OTHER ORDER AS THIS HON’BLE COURT MAY DEEM FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is impugning the order dated 28.01.2004 passed in W.P.No.38514/2001 so far as it pertains to reviving the proceedings before the Land Tribunal, Udupi, in case No. LRY:59:301:272:TRI:697:79-
80 and permitting the petitioner to appear before the second respondent-Land Tribunal. It is also seen that in the said order, liberty is reserved to the petitioner as well as the contesting respondents to produce the documents and thereafter to adduce oral evidence in support of their rival claims.
2. The impugned order is sought to be challenged in this review petition on the ground that so far as one item of land bearing Survey No.46/4 measuring 1 acre 32 ½ cents is concerned, there is no contest between the parties.
3. In any event, the same could be placed before the Tribunal when the matter is taken up for consideration. Therefore, in the said circumstance, the question of reopening the writ petition to consider the above prayer does not arise.
4. Accordingly, the review petition is dismissed.
Sd/- JUDGE *alb/-.