1.

This intra court appeal is filed challenging the order

dated 03.07.2019 passed by the learned Single Judge in

W.P.Nos.40452/2015 & 9123/2016.

2.

The parties are referred to by the rank assigned to

them in the writ petition.

3.

Facts as revealed from the records are that the

petitioner was the absolute owner of ten items of land which

was purchased by respondent no.4 under a registered sale

deed dated 24.04.2009 executed by the petitioner9s General

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Power of Attorney holder Mr. Chethan P.Thayal, Managing

Director of M/s. Bharath Hi Tech Builders Private Limited.

Alleging that the sale deed dated 24.04.2009 executed by the

power of attorney holder was not binding on him, petitioner

had filed O.S.No.145/2011 before the Court of Principal Civil

Judge (Sr.Dn.) & CJM, Mysuru, and in the said suit, a

settlement

was

arrived

between

the

petitioner

and

respondent no.4 and a ratification/confirmation deed dated

03.05.2011 was executed by the petitioner confirming the

sale executed in favour of respondent no.4, only in respect of

eight items of land out of ten items which was the subject

matter of the disputed sale deed dated 24.04.2009.

Thereafter, respondent no.4 had filed an application for

change of khatha and the Tahsildar 3 respondent no.3

accepted the change of khatha only in respect of eight items

of

land

which

were

the

subject

matter

of

confirmation/ratification deed dated 03.05.2011. This order of

the

Tahsildar

dated

07.02.2011

was

challenged

by

respondent

no.4

before

respondent

no.2

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Assistant

Commissioner who allowed the appeal vide his order dated

04.08.2014 and the revision petition filed by the petitioner

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herein against the said order before respondent no.1 3

Deputy Commissioner was dismissed. It is under these

circumstances, the petitioner had filed W.P.Nos.40452/2015

& 9123/2016 before this Court which was allowed by this

Court vide the order impugned and the order passed by the

Tahsildar was restored. Being aggrieved by the same,

respondent no.4 has preferred this appeal.

4.

Learned Counsel for the appellant/respondent no.4

submits that the sale deed dated 24.04.2009 has remained

unchallenged, and therefore, respondent no.4 is the absolute

owner in respect of 10 items of land which are the subject

matter of the said sale deed. He submits that the Assistant

Commissioner was, therefore, justified in setting aside the

order passed by the Tahsildar and the learned Single Judge

without

appreciating

this

aspect

of

the

matter,

has

erroneously set aside the order passed by the Assistant

Commissioner. He submits that the suit filed questioning the

sale deed was withdrawn, and therefore, as on this date, the

sale deed stands unchallenged.

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5.

Per

contra,

learned

Counsel

appearing

for

the

contesting respondents submits that the dispute between the

petitioner

and

respondent

no.4

was

settled

and

a

confirmation/ratification deed was executed only in respect of

eight items of land, and therefore, it is not open for

respondent no.4 to now contend that in respect of all the ten

items of land which were the subject matter of the sale deed

dated 24.04.2009, the khathas have to be changed in his

name.

6.

Respondent no.4 claims right over all the ten items of

the land which were the subject matter of the sale deed dated

24.04.2009, validity of which was questioned by the

petitioner in O.S.No.145/2011. Respondent no.4 does not

dispute that during the pendency of the suit, the petitioner

and respondent no.4 arrived at a settlement and in

furtherance of the same, a confirmation/ratification deed

dated 03.05.2011 was executed by the petitioner in favour of

respondent no.4 only in respect of eight items of land out of

ten items of land which was the subject matter of the sale

deed dated 24.04.2009. The material on record would go to

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show that the extent of the lands which were the subject

matter of the sale deed dated 24.04.2009 was more than 10

acres while the total extent of the land which are the subject

matter of the ratification/co