THE HIGH COURT OF KARNATAKA
ASHOK S. KINAGI
SRI. MAHABALESHWAR S/O VENKATRAMAN HEGADE – Appellant
Versus
SRI. MANJUNATH VENKATRAMAN BHAT – Respondent
RP 100030/2025
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NC: 2026:KHC-D:5075 RP No. 100030 of 2025
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF APRIL 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
REVIEW PETITION NO.100030 OF 2025
BETWEEN:
SRI. MAHABALESHWAR S/O. VENKATRAMAN HEGADE, AGE. 92 YEARS, OCC. AGRICULTURIST,
R/O. MASGUTTIMANE, PO. KANAGOD SIRSI, DIST. NORTH KANARA.
…PETITIONER (BY SRI. M.T. BANGI, ADVOCATE)
AND:
1. SRI. MANJUNATH VENKATRAMAN BHAT, AGE. 61 YEARS, OCC. AGRICULTURIST,
R/O. ALMANE, MASHIGADDE GRAMA, SIRSI TALUK-581401.
Digitally signed by
2. SMT. SEETABAYI KOM VISHWANATH HEGDE, MOHANKUMAR B SHELAR AGE. 65 YEARS, OCC. HOUSE HOLD, Location: HIGH R/O. ALMANE, MASHIGADDE GRAMA,
COURT OF KARNATAKA SIRSI TALUK, DIST. NORTH KANARA-581401.
3. SRI. GURUPAD MAHABALESHWAR HEGADE, AGE. 58 YEARS, OCC. EMPLOYEE, R/O. KALYAN NAGAR, 6TH CROSS,
NEAR RAILWAY STATION, DHARWAD, DIST. DHARWAD-580007.
4. SRI. VISHWANATH MAHABALESHWAR HEGADE, AGED ABOUT 56 YEARS, OCC. AGRICULTURIST,
R/O. MASGUTTIMANE, PO. KANAGOD, SIRSI,
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NC: 2026:KHC-D:5075 RP No. 100030 of 2025
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DIST. NORTH KANARA-581401.
5. SRI. VENKATRAMAN MAHABALESHWAR HEGDE, AGE. 49 YEARS, OCC. EMPLOYEE,
6. SRI. DATTATRAYA MAHABALESHWAR HEGDE, AGE. 43 YEARS, OCC. BUSINESS,
7. SMT. LALITA KOM NAGAPATI HEGDE, AGE. 56 YEARS, OCC. HOUSE HOLD,
R/O. VAJAGADDE, SIRISI-581401, DIST. NORTH KANARA.
8. SMT. MAHESHWARI KOM TIRUMALESHWAR HEGDE, AGE. 47 YEARS, OCC. HOUSE HOLD,
R/O. KANALLI, PO. HEGDEKATTA SIRSI, DIST. NORTH KANARA-581401.
9. SMT. PREMA KOM MANJUNATH HEGDE, AGE. 40 YEARS, OCC. HOUSE HOLD,
R/O. BELLEKARI, POST. YADALLI, SIRSI, DIST. NORTH KANARA-581401.
10. SRI. ASHOK MAHABALESHWAR BHAT, AGE. 50 YEARS, OCC. AGRICULTURIST,
R/O. KEREKAI VILLAGE, SIRSI TALUK, DIST. NORTH KANARA-581401.
…RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER 47 RULE 1 READ WITH SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER PASSED BY THIS HONOURABLE COURT DATED 10.01.2025 PASSED IN W.P.103729/2021 IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS REVIEW PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. The petitioner filed this review petition to review the
order dated 10.01.2025 passed in Writ Petition No.103729/2021 disposed of on 10.01.2025 on the ground that as per Section 132 of the Karnataka Land Reforms Act bars the jurisdiction of the civil Court and when question as to the jurisdiction is raised, the Courts have to decide the jurisdiction. Hence, the question of jurisdiction, which has been decided, is an error on the face of
record. Hence, the order is liable to be reviewed.
2. Heard the arguments of the learned counsel for the
petitioner.
3. The learned counsel for the petitioner submits that
the petitioner has raised an issue regarding the jurisdiction of the civil court. He submits as per Section 132 of the Karnataka Land Reforms Act, the civil Court has no jurisdiction to decide the issue regarding tenancy. Hence, the matter is pending before the Land Tribunal and when the matter is pending before the Land Tribunal, the civil Court could not have entertained the suit for
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partition and separate possession. He submits that there is an error apparent on the face of the record. Hence, on these
grounds he prays to review the impugned order.
4. Perused the records and considered the submissions
of the learned counsel for the petitioner.
5. The contentions raised by the review petitioner in the
review petition has been considered by this Court in paragraph 8 of the impugned order. Hence, I do not find any error apparent
on the face of the record.
6. Accordingly, I proceed to pass the following order.
The Review Petition is dismissed.
Sd/-
(ASHOK S. KINAGI)
JUDGE
kmv CT: UMD
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