BANGARU SRINIVASAN Vs. S. M. RENUKAMMA

JUDGEMENT

(1.) The subject Writ Petition No.51246/2019 (GM-CPC) was disposed off by this court by final judgement dtd. 22/3/2021. Relief was granted to the review petitioners i.e., Respondents in the Writ Petition. The operative portion of the said order reads as under:

(2.) Learned counsel appearing for the petitioner vehemently argues that there is error apparent on the face of record inasmuch as that his client has obtained a Civil Court decree in his favour and whatever fruits that should eventually fall into his hands by the said decree have been taken away by the order now put in review. Learned counsel appearing for the respondent in the writ petition who suffered the judgement and decree in question makes submission in justification of the order contending that review jurisdiction as enacted under Order XLVII Rules 1 and 2 of CPC, 1908 are made applicable to the writ proceedings by virtue of Rule 39 of Writ Proceedings Rules, 1977 vide judgment in W.A.No.4312/2017 between M/S.NARIA ESTATES RURAL INDUSTRIES ASSOCIATIONPVT. LTD., vs. STATE OF KARNATAKA disposed off on 5/7/2024. The said Rule 39 reads as under:

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this court is broadly in agreement with the submission made on behalf of the respondents herein and therefore decline indulgence in the matter. If the petitioner is aggrieved by the order whereby the writ petition is disposed off, the challenge has to be laid thereto elsewhere. In that connection all contentions are kept open.