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NC: 2023:KHC:22293
RP No. 236 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
REVIEW PETITION NO.236 OF 2023
BETWEEN:
1.
RAJU SIDDESHWAR, SINCE DECEASED BY HIS LRS,
KUMAR SIDDESHWAR,S/O LATE RAJU SIDDESHWAR,
AGED ABOUT 43 YEARS,R/AT NO.2278/6, M.G.ROAD,
OPP. TO SHIVANANDA TALKIES,CHANNAPATNA
TOWN, RAMANAGARA-562 160.
…PETITIONER
(BY SRI. RAJU S., ADVOCATE)
AND:
1.
SRI. C.S. YOGANANDA
S/O LATE C.S. NARAYANASWAMY,
AGED ABOUT 55 YEARS, R/AT 5TH CROSS,
KUVEMPUNAGARA, CHANNAPATNA,
RAMANAGARA - 562 160.
2.
SMT. ISHWAR, D/O LATE RAJU SIDDESHWAR,
AGED ABOUT 40 YEARS, R/AT NO.2278/6, M.G.
ROAD, OPP. TO SHIVANANDA TALKIES,
CHANNAPATNA TOWN, RAMANAGARA - 562 160.
…RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER SECTION 114
R/W ORDER 47 RULE 1 OF THE CPC, PRAYING TO REVIEW THE
ORDER DATED 30.01.2023 MADE BY THIS HON'BLE COURT IN
CRP NO.73/2022 AND DISMISS THE SAID CRP IN THE
INTEREST OF JUSTICE AND EQUITY AND AWARD THE COST OF
THIS PROCEEDING.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
Digitally signed by B
K
MAHENDRAKUMAR
Location: High
Court of Karnataka
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NC: 2023:KHC:22293
RP No. 236 of 2023
The petitioner is seeking review of the order passed by
this Court on the ground that the decree, which is nullity,
cannot be validated by invoking the principles of estoppel, and
the decree passed without jurisdiction can be challenged at any
point of time. This Court passed the order under review
holding that, the petitioner herein having not challenged the
compromise decree at the earliest point of time continued to be
in possession of the schedule property and having derived the
benefit under the compromise decree is estopped from raising
the plea though the question of jurisdiction can be raised at any
point of time. The grounds urged in this review petition having
been considered in the order under review and negated, the
review petition is not maintainable. Hence, there is no error
apparent on the face of the record. Accordingly, I pass the
following:
ORDER
The review petition is dismissed.
Sd/-
JUDGE
LG
List No.: 1 Sl No.: 3
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