The execution of the sale deed dated 20.09.1974 was upheld, emphasizing prior recognition of rights cannot be contested anew in review petitions when no earlier disputes were raised.

ORDER :

ANANT RAMANATH HEGDE, J.

1. Though the review petitions are listed separately, since the impugned order in both petitions is one and the same, both petitions are heard together and disposed of by this common order.

2. Review Petition No.410/2023 is filed assailing the order in Writ Appeal No.2249/2019. Review Petition No.411/2023 is filed assailing the order in Writ Appeal No.2247/2019.

3. Both Writ Appeals No.2247/2019 and 2249/2019 are disposed of by a common order.

4. Writ Appeal No.2247/2019 is filed by the review petitioners assailing the order passed by the learned Single Judge in W.P. No.15452/2015. Writ Appeal No.2249/2019 is filed by the review petitioners, assailing the order in W.P. No.41229/2017 and W.P. No. 30604/2018, which are connected with W.P. No. 15452/2015.

5. The writ petitions referred to above are disposed of by common order dated 27.05.2019 in W.P. No.41229/2017 & W.P. No.30604/2018, clubbed with W.P. No.15452/2015.

6. The contesting respondents in Review Petition No. 410/2023, namely respondents No.1 to 3, are claiming a right over the properties under the registered sale deed dated 20.09.1974, which is said to have been executed by Nagappa, son of Chikkanareppa, and Munivenkatappa, son of Kadirappa. Review petitioners claim to be the legal heirs of one of the vendors.

7. The original proceeding was initiated before the Tahasildar, Chikkaballapur. The review petitioners who are parties to the original proceeding before the Tahasildar, sought re-grant of land bearing Survey No.2 Survey No.34 of Arasanahalli Village, Taluk Chikkaballapur.

8. In terms of the order dated 19.11.2010 in proceeding No.H.O.A.CR. No.3/2001-2002, Tahasildar, Chikkaballapur has re-granted half portion of land, out of 1 acre 39 guntas in Survey No.2 in favour of sons of Nagappa namely A.N. Nareppa and A.N. Kadirappa and the remaining half portion in favour of A. Narayanamma. In so far as Survey No. 34, out of 29 guntas, ½ share is re-granted in favour of A.N. Nareppa and A.N. Kadirappa, and remaining half portion in favour of M. Narayanamma.

9. The Tahsildar while passing the aforementioned order had also held that under registered sale deed dated 20.09.1974, the properties measuring 1 acre in Survey No.2, and 25 guntas in Survey No.34 are already sold to Doddachinnappa (the predecessor of contesting respondents No.1 to 3 in review petition No.410/2023) and has held that the purchaser is entitled to have Khata of the said lands changed in his name. Tahaslidar has further held children of Nagappa namely A. N. Nareppa and A. N. Kadirappa along with M. Narayanamma are entitled to the remaining portion of the lands which are not sold.

10. Challenging the aforementioned order passed by the Tahsildar, the review petitioners filed M.A. No.3/2011 before the learned District Judge and M. Narayanamma filed M.A. No.5/2011 before the learned District Judge. The said appeals are disposed of vide order dated 08.01.2015. M.A. No.5/2011 filed by M. Narayanamma was allowed and the order of the Tahasildar, insofar as recognising and upholding the sale transaction dated 20.09.1974 is set aside and the learned District Judge has held that the sale transaction dated 20.09.1974 is invalid.

11. The appeal filed by the review petitioners in M.A. No.3/2011 (which is only confined to the order passed by the Tahasildar re-granting certain properties to M. Narayanamma, and not in respect of benefit conferred to the