VANAJAKSHI vs SEEETHAMMA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57604
WP No. 6772 of 2026
CNR: KAHC010143722026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 6772 OF 2026 (GM-CPC)
BETWEEN:
1.
VANAJAKSHI
W/O NAGARAJASETTY,
AGED ABOUT 58 YEARS,
RESIDING AT YAADAVENDRA NILAYA,
2ND FLOOR, GUMASTA COLONY,
CHITRADURGA-577501
…PETITIONER
(BY SRI. JAGAN MOHAN M T., ADVOCATE)
AND:
1. SEEETHAMMA
D/O VIRUPAKSHA SETTY,
W/O ONKARAPPA,
AGED ABOUT 56 YEARS, RESIDING AT 9/9,
12TH CROSS, K.P. AGRAHARA,
MAGADI ROAD, BANGALORE 560023
2. M. VIDYA VACHASPATHI
S/O LATE MUDDAPPA,
AGED ABOUT 90 YEARS
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
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HC-KAR
NC: 2026:KHC:57604
WP No. 6772 of 2026
CNR: KAHC010143722026
3. LOKESHWARA GUPTHA
S/O M VIDAY VACHASPATHI,
AGED ABOUT 46 YEARS,
BOTH ARE RESIDING AT
NO. 11, 24 MAIN ROAD,
MUNESHWARAPPA, T BLOCK, B.B.M.P
BANGALORE- 560085
4. VEDAVATHI
W/O EG PRASAD
AGED ABOUT 45 YEARS,
RESIDING AT 13 GROUND FLOOR,
4TH CROSS, R.K. MUD LAYOUT,
K.G. NAGAR, BENGALORE 560019
5.
V. SRINIVASA
S/O M. VIDYA VACHASPATHI,
AGED ABOUT 42 YEARS,
RESIDING AT SRI VENKTESHWARA NILAYA,
1ST FLOOR, NO 79, 1 MAIN ROAD,
VINAYAKA NAGARA, BENGALORE - 560063
6. PRABHAKARASETTY. N
S/O NAGARAJASETTY,
AGED ABOUT 62 YEARS, RESIDING AT
BEEMAPPANAYAKA ROAD,
3RD CROSS, KELAGOTE,
CHITRADURGA-577501
7. BHAGYAMMA. N
W/O LATE NAGENDRASETTY,
AGED ABOUT 60 YEARS,
RESIDING AT NO 5,
LAKSHMINARASIMHA SWAMY NILAYA,
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HC-KAR
NC: 2026:KHC:57604
WP No. 6772 of 2026
CNR: KAHC010143722026
3RD CROSS, 3RD BLOCK,
NEAR GANAPATHI TEMPLE,
P.N.T QUARTERS,
NEHARU NAGARA,
CHITRADURGA-577501
8.
VIJAYALAKSHMI. N
W/O SRIRAMSETTY. C
AGED ABOUT 56 YEARS,
RESIDING AT NO 4, NANDAGOKULA,
NILAYA SL SUVARNA, BADAVANE,
SIR. M. VISHWESHWARAYYA LAYOUT,
4TH PHASE, CHIKKABASTI,
BENGALORE - 560056
9. NAGAVENI. N
W/O M. SATYANARAYANA,
AGED ABOUT 54 YEARS,
RESIDING AT S.B. TRANSPORT,
ALIMOHALLA, CHITRADURGA 577501
10.
SHAKUNATHALAMMA
W/O LATE PADMANABHASHETTY,
AGED ABOUT 60 YEARS,
11. KUMARI PRIYA
D/O LATE PADMANABHASHEETY
AGED ABOUT 28 YEARS,
BOTH ARE RESIDING AT
KANNIKA ROAD,
CHITRADURGA-577501
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HC-KAR
NC: 2026:KHC:57604
WP No. 6772 of 2026
CNR: KAHC010143722026
12. KAVITHA
W/O SRINATHA,
D/O LATE PADMANABHASHETTY
AGED ABOUT 26 YEARS,
RESIDING AT BEHIND B.D.O OFFICE,
4TH CROSS, GANDHINAGARA,
CHALLAKERE-577522
13. TRIVENI W/O SRI GIRISH
D/O LATE PADMANABHASHETTY
AGED ABOUT 24 YEARS,
RESIDING AT KISHOR COMMUNICATION,
PATTANAYAKANAHALLI, SIRA TALUK,
TUMKURU DISTRICT - 572137
14. THIPPESWAMY
S/O VIRUPAKSHA SETTY,
AGED ABOUT 48 YEARS,
RESIDING AT BY THE SIDE OF MASJID.
M.K. HATTY, CHITRADURGA 577501
15. NAGARAJA
S/O VIRUPAKSHA SETTY
AGED ABOUT 52 YEARS,
RESIDING AT NEW SANTHE MAIDANA,
CHITRADURGA - 577501
16. PREMA,
D/O VIRUPAKSHA SETTY,
W/O PURUSHOTHAM SETTY,
AGED ABOUT 48 YEARS,
RESIDING AT NEAR AUTO STAND
M.K. HATTY, CHITRADURGA - 577501
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HC-KAR
NC: 2026:KHC:57604
WP No. 6772 of 2026
CNR: KAHC010143722026
17. SRINIVASA
S/O VIRUPAKSHA SETTY
AGED ABOUT 42 YEARS,
R/AT RIO BEHIND JAYALAKSHMI MILL,
GREHATTY, CHITRADURGA - 577501
…RESPONDENTS
(BY SRI. BHUVAN K.P.,ADVOCATE FOR R-4 & R-6,
SMT. REENA R, ADVOCATE FOR C/R-1,
VIDE ORDER DATED 11/03/2026
NOTICE TO R-2 TO R-5, R-10 TO R-17 IS D/W;
R8 AND R9 IS SERVED AND UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED ORDER DATED 31/01/2026 PASSED ON I.A. NO.1
FILED UNDER O 47 R 1 C.P.C R/W SEC. 151 C.P.C. IN FDP
NO.11/2013 ON THE FILE OF THE I ADDL. SENIOR CIVIL
JUDGE AT CHITRADURGA, FILED BY THE VIDE ANNEXURE-D.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
The present writ petition is filed challenging the order
dated 31.01.2026, whereby the application filed under Order
XLVII Rule 1 of the Code of Civil Procedure, 1908, has been
rejected.
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HC-KAR
NC: 2026:KHC:57604
WP No. 6772 of 2026
CNR: KAHC010143722026
2. The learned counsel for the petitioner submits that review
of the order was necessary in view of the death of respondent
No.2. It is further submitted that, subsequent to the passing of
the order, final orders have been passed and the decree is
required to be drawn up on stamp paper. Before the decree is
drawn up, the subsequent development necessitating
reconsideration of the shares can be taken into consideration in
the review petition.
Per contra
3. , the learned counsel for the respondents
submits that subsequent developments cannot form the subject
matter of a review petition. It is further submitted that the Trial
Court has rightly declined to exercise its review jurisdiction.
4. Considered the submissions of learned counsel for the
parties and perused the impugned order.
5. The limited issue that arises for consideration in the
present writ petition is the correctness of the order passed by
the Trial Court declining to review its earlier order in exercise of
its review jurisdiction.
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HC-KAR
NC: 2026:KHC:57604
WP No. 6772 of 2026
CNR: KAHC010143722026
6. A perusal of the impugned order indicates that the review
was not sought on the ground of any error apparent on the face
of the record, but on account of subsequent developments.
Such subsequent developments cannot, by themselves,
constitute a ground for reviewing the earlier order. If the
parties have any grievance arising out of the order, it is open to
them to seek appropriate redressal in accordance with law. A
review petition cannot be treated as the only remedy available
for such purpose.
7. In that view of the matter, this Court finds no error or
infirmity in the impugned order.
dismissed
Accordingly, the writ petition is .
Sd/-
(K. V. ARAVIND)
JUDGE
DDU
List No.: 1 Sl No.: 91