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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.