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D. Y. CHANDRACHUD, M. R. SHAH
SRIHARI HANUMANDAS TOTALA – Appellant
Versus
HEMANT VITHAL KAMAT – Respondent
JUDGMENT :
DR. JUSTICE DHANANJAYA Y. CHANDRACHUD, J.
1. Leave granted.
2. This appeal arises from a judgment dated 18 January 2021 of a Single Judge at the Dharwad Bench of the High Court of Karnataka. The revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure 1908 (“CPC”) was invoked for challenging an order dated 1st July 2019 of the IInd Additional Senior Civil Judge and Chief Judicial Magistrate, Belgaum on an application1[IA No. VII in OS 138/2008.] under Order 7 Rule 11 of the CPC.
3. Ms. Leela Vithal Kamat was the title holder of the suit property. On her death on 16 May 1996, the property was mutated in the names of her legal heirs – the first respondent and his brother. The first respondent and his brother took a loan from the Karnataka State Finance Corporation (“KSFC”) and mortgaged the suit property as security for repayment of the loan. Since the loan was not repaid, KSFC auctioned the property. The third respondent, who is the predecessor-in-interest of the appellant, furnished the highest bid of Rs. 15,00,000. A sale deed of the suit property was executed in favour of the third respondent on 8 August 2006. Despite the execution of the
No cases in the provided list explicitly indicate that they have been overruled, reversed, or explicitly treated as bad law. The list predominantly references the case of Srihari Hanumandas Totala v. Hemant Vithal Kamat (2021) 9 SCC 99, which appears to be frequently cited and relied upon, suggesting it remains good law and authoritative. There are no phrases such as "overruled," "reversed," "criticized," or "questioned" that directly indicate a case has been invalidated or discredited in subsequent rulings.
Srihari Hanumandas Totala v. Hemant Vithal Kamat (2021) 9 SCC 99 is repeatedly cited and relied upon across multiple entries, often with language indicating reliance or support, e.g., "supports the above view," "reiterated the same principle," "laid down principles," "principles for deciding applications," and "guiding principles." This pattern suggests it remains authoritative and followed in subsequent decisions.
Several entries explicitly mention that the Supreme Court "laid down principles" or "formulated guiding principles" in this case, indicating it is considered a foundational or guiding authority on issues like res judicata, plaint rejection, and procedural principles.
Some entries refer to specific paragraphs or aspects of the case (e.g., paragraph 25), indicating that particular principles from the case are being applied or distinguished for specific legal issues, but without evidence of criticism or overrule.
The case is also cited in relation to procedural principles under Order VII Rule 11 and principles for adjudication, showing it is used as a reference point rather than being questioned or overruled.
A few references mention the case in passing or as part of a list of authorities without elaboration, e.g., "reliance was placed upon" or "the ratio laid down in the said matter is different," but without explicit indication of whether the case's authority is upheld or questioned.
The absence of explicit language indicating overrule or criticism suggests treatment remains supportive or neutral, but the lack of explicit affirmation makes treatment somewhat uncertain.
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