IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.MUDAGAL, VENKATESH NAIK T., JJ.
Sri. Gullu G. Talreja @ Prakash G. Talreja, S/o. Sri. Gelaram Talreja and Ors. – Petitioners
Versus
Sri. Sanjay Abbas Khan, S/o. Late Sidhique Ali Khan – Respondent
Review Petition No.350 of 2025
Decided On : 16-12-2025
| Table of Content |
|---|
| 1. overview of the review petition context and ownership dispute. (Para 1 , 2) |
| 2. petitioners' contentions regarding ownership based on sale deeds. (Para 3 , 4 , 5 , 6 , 7) |
| 3. rebuttal of petitioners' arguments concerning survey sketches and evidence. (Para 8 , 9 , 10 , 12 , 13) |
| 4. court's reviewing process and standards for error assessment. (Para 14 , 15 , 16) |
| 5. clarification of the scope of review under cpc principles. (Para 18 , 19 , 20 , 21) |
| 6. discussing the responses to additional evidence and amendments. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 7. final dismissal of the review petition due to lack of merit. (Para 29) |
ORDER :
VENKATESH NAIK T., J.
This Review Petition is filed by the petitioners seeking review of the judgment and decree passed by this Court dated 15.05.2025 in R.F.A. No.869/2024.
2. The issue involved in the present review petition is in a very narrow compass. The petitioners had filed a suit in O.S. No.337 of 2017 on the file of learned Additional Senior Civil Judge and JMFC, Nelamangala, (hereinafter referred to as 'the trial Court', for brevity) praying to declare the petitioners as the absolute owners of the property measuring 01 acre 16 guntas of land forming part of Sy.Nos.28/1 and 28/2 of Nagaruru Village, Dasanapura Hobli, Bengaluru North Taluk, Bengaluru. The said lands were described in Schedule-B of the plaint filed in the said suit. The suit Schedule-B property was land measuring 01 acre 16 guntas, out of which, 35 guntas was converted for non-agricultural purposes. Out of 1 acre 16 guntas of land, 1 acre 15 guntas falls in Sy.No.28/2 and only 1 gunta of land falls in Sy.No.28/1. After trial, the trial Court dismissed the suit of the petitioners, hence the petitioners preferred appeal in R.F.A.No.869 of 2024 before this Court and this Court dismissed the appeal filed by the petitioners and accordingly confirmed the judgment and decree passed by the trial Court.
3. We have heard Sri P.D. Surana, learned senior counsel representing Sri Raju S., learned counsel for the review petitioners and Sri S.S. Naganand, learned Senior counsel representing Sri Vijay Kumar Desai, learned counsel for the respondent.
4. Learned senior counsel for the petitioners contended that, this Court had taken note of the Sale Deed dated 31.01.1969 executed by Sri Channagiriyappa in favour of Sri S.R. Yogananda and Smt. Vijayalakshmi vide Ex.P2 and the boundaries mentioned in the said Sale Deed are noted by this Court in para No.35 of the judgment. However, from perusal of the said Sale Deed, it clearly demonstrates that the road namely, Makali Yadalu road, is situated within Sy.No.28. Thus, from the said Sale Deed, it is clear that said road is bifurcating Sy.No.28, later the survey number was re-numbered as Sy.Nos.28/1 and 28/2 of Nagaruru village. The portion which falls towards west of Makali Yadalu road is the suit Schedule-B property. Thus, suit Schedule-B property is part and parcel of the property purchased by Sri S.R. Yogananda and Smt. Vijayalakshmi under the Sale Deed dated 31.01.1969 as per Ex.P2. In the Sale Deed dated 13.12.1978 executed by Smt. Vijayalakshmi and Sri S.R. Yogananda in favour of Sri. B.C. Chinnappa, 08 acres and 11 guntas of land in Sy. No.28/2 of Nagaruru Village was conveyed under Ex.P3 - Sale Deed. However, a mistake had crept in the said Sale Deed, viz., the western boundary omitted was not mentioned. Thereafter, 08 acres 11 guntas of land in Sy. No.28/2 was sold by Sri B.C. Chinnappa in favour of Smt. Asha Uttam Chandani, (review petitioner No.3) as per Ex.P4 and in Ex.P4, the western boundary has been shown as 'Makali Yadalu road'. This mistake is palpable from the fact that western boundary is correctly mentioned as per Ex.P2, however, the same was not mentioned in Ex.P3 and Ex.P4. However, this Court in para No.37 of its judgment has observed as follows:-
"37.…………We have perused the boundaries depicted in Exs.P2 to P4 - Sale Deeds. It is clear that towards western side of 'B' sch
Review petitions cannot re-litigate issues or present new evidence and must focus solely on correcting palpable errors within the original decision.
Execution of decree – Review of judgment – Validity of - Judgment of Court is based has been reversed or modified by subsequent decision of a superior Court in any other case, shall not be a ground f....
Non-appearance during an appeal hearing should be adequately justified to warrant a review based on Order 47 Rule 1 of CPC.
Court can exercise its power of review only when there is an error apparent on the face of the record and an error which is to be fished out by a process of reasoning cannot be said to be an error ap....
Boundaries specified in a sale deed prevail over measurements when determining property ownership.
The case emphasized the importance of clearly establishing property boundaries and the need for documentary evidence to support ownership claims.
Ownership must be proven through title documentation; mere possession does not grant rights against true ownership. Legal title supersedes claims of adverse possession without sufficient proof.
The court affirmed that discrepancies in survey numbers must be rectified for valid title claims, and boundaries do not prevail over survey numbers in property identification.
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