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Judgment
Prasanna B. Varale, CJ
This review petition in substance seeks modification of the judgment dated 22.09.2023 whereby, Writ Appeal No.906/2023 (GM-RES) was disposed off on some consensus founded on the principle of rateable distribution inasmuch as the claimants in terms of the rights concreted were plural. The review petitioner, party in person, principally argues the following for our consideration:
“(c) The main issue before this Hon’ble Court being “whether the Learned Single Judge was right in dismissing the WP/18116/2022 or not” got drifted in the final disposal.
(d) It is submitted that the operative portion quoted under para 4(c/ with reference to Vithalda V/s Nanda Kishore is felt to be applicable to cases confined to a single court wherein multiple executants before the court have attached a single property for equitable administration of assets thereof.
However, in the impugned judgment in the present case on hand there are multiple executants of two different courts vying for probable Rateable Distribution I e (i)Review Petitioner before Dist. Commission, Bangalore Urban and (ii) R-4 and R-5 before 2nd Additional District Commission, Shanthinagar.”
Having heard the review petitioner – party in person and having perused the papers, we decline indulgence in the matter regard being had to the usable constraints of review jurisdiction. It hardly needs to be stated that Rule 39 of the Writ Proceedings Rules, 1977 has adopted the provisions of the Code of Civil Procedure, 1908 and therefore, the limitations enacted in Order XLVII and Rules thereof do apply to the review proceedings now at our hands. The grounds urged in the review petition can be considered only in appellate jurisdiction.
The above being said, there is merit in the submission that there are certain typographical errors which need to be corrected as under:
“(i) The designation of R-3 to be Special Tahsildar, Bangalore North
(ii) The recovery amount to be Rs.25,30,500/= and
(iii) The name of Review Petitioner to be Mani Rama Murthy”
The Registry to effect the changes in the subject order in review and issue a rectified copy if applied for.
With the above observations, this review petition is disposed of.