SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

BENCH AT KALBURAGI
MAHANTAPPA S/O GURALINGAPPA HAVANNAVAR SINCE DECEASED BY LRS-1(a) PRABHAVATI AND ORS – Appellant
Versus
SHIVUBAI AND ORS – Respondent


This review petition is filed under Order 47 Rule 1 of

CPC read with Section 114 of CPC, praying for review of

the

order

dated

17.03.2021

passed

in

RSA

No.200026/2016 (DEC).

2. The only ground raised in the review petition even

though there are multiple grounds mentioned in the

review petition is that since final decree is passed, the

principle of law laid down in the Judgment of Hon’ble

Supreme Court in the case of VINEETA SHARMA vs.

RAKESH SHARMA (2020 SCC ONLINE 641) is not

applicable

and

thus,

the

order

passed

in

RSA

No.200026/2016 is liable to be reviewed.

3. The review petitioner herein is the appellant in

RSA No.200026/2016. The review petitioner-appellant in

RSA has submitted that as per the Judgment of the

Hon’ble Supreme Court in the case of VINEETA SHARMA

(stated supra), the daughters in the joint family are also

- 6 -

co-parceners, therefore, the shares allotted to sons and

daughters are to be altered as per VINEETA SHARMA’s

case. Accordingly, the appeal is disposed on the principle

of VINEETA SHARMA’s case and therefore, RSA filed by the

review petitioner is allowed and it is ordered that the

preliminary decree passed in O.S.No.30/1991 dated

28.02.1995 on the file

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top