C P BHARATHI Vs. ANJANAPPA

JUDGEMENT

(1.) A short and an important question arises in this review petition is; whether Order 47 Rule 1 of Code of Civil procedure can be invoked to review the judgment by a person who is not a party either in the suit or in the appeal.

(2.) ONE Anjanappa filed the suit for partition and separate possession of his half share in the suit schedule property in O. S. No. 332/1971, which was later renumbered as O. S. 1318/1980. The suit property is measuring 4 acres 14 guntas of dry land in sy. No. 39/4 of Doddakallasandra Village, uttarahalli Hobli, Bangalore South Taluk along with an existing tiled roof house. A purchaser of the property had also filed a suit in O. S. No. 177/1973, which was later renumbered as O. S. No. 473/81 before the city Civil Court, Bangalore for the relief of declaration and for possession in respect of the property mentioned in the suit. These two suits were clubbed together and a common judgment was passed. The suit filed by the plaintiff in O. S. No. 1318/80 was dismissed and the suit filed by the 4th defendant who had purchased a portion of the property in O. S. No. 473/91 was decreed. Against the judgment and decree passed in o. S. No. 1318/80, the unsuccessful plaintiff filed an appeal in R. F. A. No. 606/89. Against the judgment and decree passed in o. S. No. 473/81, R. F. A. No. 324/90 was filed. The appeal filed by legal-heirs of anjanappa was allowed on 24th November 1998 by a learned Judge of this Court and the judgment and decree of the trial Court was set aside. A preliminary decree was passed declaring that the plaintiff appellant is entitled for half share in the suit property.

(3.) THE present review petitioners by Smt. C. P. Bharathi and Sri. Sathyanarayana, who were not parties either in the suit or in the appeal have filed this review petition under order 47 Rule 1 of Code of Civil Procedure requesting this Court to review the order dated 24-11-1999 passed by this Court in r. F. A. No. 606/1989 and to give an opportunity to the petitioners to defend their case properly. Along with this review petition, an application under Section 5 of the Limitation Act, has been filed to condone the delay of 2492 days in filing the review petition. An application under Section 151 of code of Civil Procedure is also filed seeking permission to prosecute the review petition.