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THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SMT BHAGYA B R – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. review petition context and background. (Para 1) |
| 2. legal requirements for hearing review petitions. (Para 2 , 3) |
| 3. limits of review jurisdiction and error standards. (Para 4 , 5 , 6) |
| 4. final decision to dismiss review petition. (Para 7 , 8) |
ORDER :
1. The review petitioners seek to review the order dated 29.07.2024 passed by this Court in W.P. No. 48330/2018, whereby the Writ Petition filed by the petitioners was dismissed.
2. Heard Sri. Vijay Krishna Bhat, learned counsel for the petitioners, Sri Harisha A.S, learned AGA, for respondent No.2 and Sri S.N.Murthy, learned senior counsel for respondent No.3 and perused the material on record including the order under review.
3. The present review petition is filed under Order XLVII Rule 1 CPC. Order XLVII Rule 1 CPC contemplates as under:
1. Application for review of judgment:
(1) Any person considering himself aggrieved—
(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, afte
Review petitions must demonstrate an error apparent on the face of the record, not merely an erroneous decision or disagreement with prior judgments.
The scope of review under Order 47 Rule 1 of CPC is limited to errors apparent on the face of the record, and detailed discussion of citations in the order is not necessary.
Review jurisdiction under S.114 and O.47 R.1 CPC is limited to self-evident errors, new evidence or sufficient analogous reasons and cannot be used as an appeal in disguise.
Review jurisdiction under CPC is limited; cannot reargue issues already settled.
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