The court emphasized the necessity of adhering to principles of natural justice, ruling that all parties must be included in property disputes to ensure fair adjudication.

ORDER :

E.S. Indiresh, J.

1. In this Writ Petition, petitioner is assailing the Order dated 12.01.2021 in W.P.No.569/2021 (Annexure-R) passed by this Court and sought for review of the Order dated 12.01.2021 passed in the above petition.

2. The relevant facts for adjudication of this Writ Petition are that, one Akkayyamma (Akkamma) wife of Anjanappa has been registered as an occupant under Section 9 of Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (hereinafter referred to as 'the Inams Act'), in respect of the agricultural land bearing Sy.No.42 of Pattandur Village, K.R. Puram Hobli, Bangalore, in case No.35/1959-60 (Annexure-A). In this regard, endorsement dated 21.02.1963 has been issued by the competent authority as per Annexure-B. Thereafter, revenue records transferred into the name of said Akkayyamma. The RTC extracts transferred into the name of Akkayyamma and her husband Anjanappa as per Annexure-D series. It is further stated that, the husband of the said Akkayyamma has sold the land in question in favour of one Smt. Jayalakshmamma, as per registered Sale Deed dated 10.05.1991 (Annexure-F). Thereafter, the name of said Smt. Jayalakshmamma was mutated in the revenue records as per Annexure-G series. It is further stated that, the petitioner herein had purchased the land in question from said Smt. Jayalakshmamma as per registered Sale Deed dated 09.09.2005 (Annexure-H) and revenue record is produced at Annexure-J. It is the case of the petitioner that, at the time of conducting survey, the petitioner came to know that the vendor of the petitioner was in possession of land bearing Sy.No.156 after resurveying the same as per the re-grant order dated 22.04.1970. Hence, the petitioner filed appeal before the Joint Director of Land Records in Appeal No.43/2017-18 challenging the phodi, and the Joint Director of Land Records, by Order dated 02.08.2017, (Annexure-K), cancelled the phodi of the old survey No.42. It is further stated that, the petitioner has filed W.P.No.25584/2018 before this Court, seeking change of sketch as per the order of the Joint Director of Land Records and this Court, vide Order dated 26.02.2019 (Annexure-L), directed the respondent - revenue authorities to implement the Order dated 02.08.2017 passed by the Joint Director of Land Records.

3. It is the grievance of the petitioner that, one Sri. Erappa was making false claim in respect of the old Sy.No.10 (new Sy.No.42) measuring to an extent of 3 acres of Pattandur Agrahara Village, without any right or title in respect of the said land. It is stated that, the respondent Nos.5 to 7 are the legal heirs of late Erappa. It is the case of the petitioner that, the said Erappa had challenged the Order dated 02.08.2017 (Annexure-K) passed by the Joint Director of Land Records in R.P.No.11/2018-19 and the said order was questioned by the petitioner in W.P.No.23398/2021 before this Court and this Court, vide order dated 18.12.2021 (Annexure-M) granted interim stay of the said order.

4. It is further stated in the Writ Petition that, the vendor of the petitioner - Smt. Jayalakshmamma had filed O.S.No.558/1998 before the competent Civil Court against one Veerappa and the said suit came to be decreed in part as per the Judgment and Decree dated 13.12.1999 (Annexure-N), wherein, the land in question in the present Writ Petition is schedule-A in the aforementioned suit. It is also stated that, late Eerappa has filed W.P.No.4472/2020 before this Court, seeking phodi and durust in respect of the land in question and this Cour