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2023 Supreme(Online)(KAR) 21451

HIGH COURT OF KARNATAKA
S SUNIL DUTT YADAV, SURAJ GOVINDARAJ, JJ
JAYASHREE JAYANTH – Appellant
Versus
N KRISHNASWAMY – Respondent


Advocates:
SRI JAYANTH BALAKRISHNA, PARTY-IN-PERSON, GPA HOLDER REPRESENTING PETITIONERS; SRI KASHYAP N NAIK, ADVOCATE FOR R1, R-3(A&B), R-4 AND R6-R13; SRI DHANANJAY V JOSHI, SENIOR ADVOCATE FOR SRI N.D. JAYAKUMAR, ADVOCATE FOR R14 TO R17, R-18 (A & B) AND R19

ORDER

1. The petitioner is before this Court seeking for the following reliefs:

a) Review its order dated 09.10.2019 on I.A No.1/19 in RFA 1226/2016 in the interests of justice and equity.

b) Award cost and litigation expenses.

c) Pass such other order or directions this Hon’ble Court may deem fit in the interest of justice and equity, including remanding the matter to the lower court for trial on an expedited basis.

2. The petitioner, who is the appellant in the Regular First Appeal, is represented by her husband and GPA holder, who has appeared as a party-in-person. The petitioner is seeking a review of the order dated 9.10.2019 passed in IA-1/2019 in RFA No.1226/2016.

3. By way of the said order, this Court modified the interim order granted on 18.02.2019 by observing that any alienation to be made by the respondents shall be subject to the result of the appeal and subject to Section 52 of the Transfer of Property Act , [‘T.P.Act’ for short]. The review petition has been filed on the following grounds:

3.1. The proposition of law on which the impugned order dated 9.10.2019 is based permitting alienation of greater than one dozen of immovable properties, is unsound in law.

3.2. T

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