judgment

Dr. Arijit Pasayat, J. —

Civil Appeal No. 7782 of 2001

1.Heard learned counsel for the parties.

2.Challenge in this appeal is to the order passed by a Division Bench of the Karnataka High Court dismissing the writ appeal filed under Section 4 of the Karnataka High Court Act (in short the High Court Act). Challenge in the appeal was to the order passed by a learned Single Judge who had dismissed the writ petition filed by the appellant-Bhadrappa. After the death of Bhadrappa, his legal heirs were brought on record and they are the appellants before this Court.

3.Background facts in a nutshell are as follows:

The land in question was granted some time in the year 1955 in favour of one Gopya Naik who is referred hereinafter as grantee. Saguvali Chit was issued on 11.10.1956. Seetamma, widow of the grantee who was also the mother of respondent No.3 sold the land in the year 1959 in favour of one Gangappa who in turn sold the said land to Ahmad Pasha and there was subsequent sale by Ahmad Pasha to Bhadrappa. The land in question bears Survey No.106 measuring 3 acres and 5 guntas.

4.Proceedings were initiated on the basis of an application that the alienation was hit by Section 4 of K