ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD)

The appellants are the legal heirs of Sri. Takappa, one of the undisputed owners of the land in Sy. No.178 measuring 1 acre 18 guntas of Navalur Village, Dharwad Taluk and District [the subject property]. The legal heirs of the deceased third respondent will be entitled to the Occupancy Rights of the subject property if the Land Tribunal’s order dated 19.02.2002 in proceedings No.1312/1999- 2000 prevails, but at the instance of the first appellant [the wife of Sri. Takappa], and Sri. Iranna S/o. Nagappa Malligwad, the Karnataka Appellate Tribunal [the Appellate Tribunal] has interfered with the Land Tribunal’s order in Appeal No.169/2002.

2. The appellate Tribunal by its order dated 03.03.2005 has remanded the matter back to the Assistant Commissioner, Dharwad for fresh disposal. The appellant [the wife of one of the land owners] and certain purchasers have called in question the appellate Tribunal’s order in W.P. No.10896/2005. The writ Court has refused to interfere with the order of remand observing that all questions are left open to be decided by the Assistant Commissioner [the competent authority].

3. Sri. Nandish Pat