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2003 Supreme(Kar) 185

D.V.SHYLENDRA KUMAR, M.F.SALDANHA
DARGA ESTATE COMMITTEE, KUDACHI, BELGAUM – Appellant
Versus
STATE OF KARNATAKA BY SECRETARY, REVENUE DEPARTMENT – Respondent


Advocates:
BASAVA PRABHU S.PATIL, CHANDRASHEKAR RODNAVAR, M.H.DATAR, RAMANNA DORA

SALDANHA, J, J.

( 1 ) WE have heard the petitioners learned Counsel in this group of review petitions which are effectively directed against the earlier division Bench order dated 8. 10. 2001 allowing the entire set of writ appeals and setting aside the order passed by the learned single Judge whereby he had in turn interfered with the order of the Tribunal granting occupancy rights. The present petitioners who are before us are effectively the various Dharga Estate Committees and they were the third respondent to the earlier set of writ appeals. They were duly served and were represented by their learned advocate and the earlier Division Bench order records the fact that they had failed to respond to any communications and consequently. The learned Advocate representing them were left with no option except to place this position before the Court. We shall presently point out however that this did not make any difference because the Division Bench has disposed off the appeals strictly on merits and it was not a default order that came to be passed. In our considered view though the original respondent No. 3 who was the present review petitioner, did not effectively participate in th











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