IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 05TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA REVIEW PETITION.NO.515 OF 2016 IN WRIT APPEAL.NO.620 OF 2009(GM-KSFC) BETWEEN:
SMT. T. BHUVANESHWARI WIFE OF SRI T PRAVEEN KUMAR AGED ABOUT 34 YEARS RESIDING AT NO.8, MICO LAYOUT MAHALAKSHMIPURAM BENGALURU-560 086 (BY SRI: M.R. RAJAGOPAL, ADVOCATE) AND 1. THE KARNATAKA STATE FINANCIAL CORPORATION NO.1/1, THIMMAIAH ROAD VASANTH NAGAR BENGALURU-52 BY ITS GENERAL MANAGER ... PETITIONER 2. THE DEPUTY GENERAL MANAGER THE KARNATAKA STATE FINANCIAL CORPORATION RAJAJINAGAR BRANCH, NO.197 I FLOOR, 2ND STAGE WEST OF CHORD ROAD BENGALURU-86 3. THE ASSISTANT GENERAL MANAGER KARNATAKA STATE FINANCIAL CORPORATION RAJAJINAGAR BRANCH NO.197, I FLOOR, 2ND STAGE WEST OF CHORD ROAD BENGALURU-86 4. SRI M NARAYANA SON OF LATE MUNISHAMAPPA RESIDING AT NO.177/1, 2ND MAIN 2ND CROSS, BOVIPALYA MAHALAKSHMIPURAM BENGALURU-560 086 5. M/S PRECISION ENGINEERING WORKS HAVING ITS OFFICE AT NO.177/1 2ND MAIN, 2ND CROSS BOVIPALYA MAHALAKSHMIPURAM BENGALURU-560 086 REPRESENTED BY ITS PARTNER SRI M NARAYANA 6. SMT A LAKSHMI RAVI KUMAR DAUGHTER OF SRI P RAVIKUMAR AGED ABOUT 36 YEARS RESIDING AT GOWRAV NAGAR PUTTENAHALLI J P NAGAR, 7TH PHASE BENGALURU-560 078. ... RESPONDENTS (BY SRI: BIPIN HEGDE, ADVOCATE FOR R1-3 SRI: K.SUMAN, ADVOCATE FOR R4 & 5-ABSENT NOTICE TO R-6 HELD SUFFICIENT VIDE COURT ORDER DATED 05.04.2019) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF CPC PRAYING TO A) REVIEW THE ORDER DATED:08.04.2013 PASSED BY THIS HON'BLE COURT IN WRIT APPEAL NO.620 OF 2009 KEEPING IN VIEW OF THE OBSERVATIONS MADE BY THE HON'BLE APEX COURT IN THE ORDER DATED:21.09.2015 IN SPECIAL LEAVE PETITION (C) NO. 10976 OF 2014. B) CONSEQUENTLY, DISMISS WRIT APPEAL.NO.620 OF 2009 FILED BY RESPONDENT NOS. 4 AND 5 HEREIN BY CONFIRMING THE SALE DEED EXECUTED BY THE 1ST RESPONDENT IN FAVOUR OF 6TH RESPONDENT, IN TURN, BY THE 6TH RESPONDENT TO THE PETITIONER HEREIN;
C) OR ALTERNATIVELY, RE-HEAR THE WRIT APPEAL UPON RESTORING THE WRIT APPEAL TO ITS ORIGINAL FILE; D) PASS SUCH OTHER ORDER OR DIRECTION AS THIS HON'BLE COURT DEEM IT FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW THE REVIEW PETITION WITH COSTS, IN THE ENDS OF JUSTICE AND EQUITY, ON THE FILE OF THE HON'BLE HIGH COURT OF KARNATAKA, BENGALURU.
THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER Heard lis.
2. We have considered the order of the Hon’ble Supreme Court passed in Special Leave to Appeal (C) No.10976 of 2014.
3. We have heard learned counsels on the error apparent on the face of record. On considering the same, we are of view that the petition requires to be allowed. Hence, the order dated 08.04.2013 passed in Writ Appeal.No.620 of 2009(GM-KSFC) is reviewed and recalled.
Writ appeal is restored to file.
Post Writ Appeal No.620 of 2009 for orders.
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JUDGE JUDGE *mn/-