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IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 12^th DAY OF JUNE 2018

BEFORE

THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA

Review Petition No.1583 of 2009

In Writ Petition No.18755 of 1994 (LR)

BETWEEN

1.

GOVINDAPPA S/O THIMMAPPA

SINCE DEAD BY HIS LRS,

1a. SMT. MALEMMA

W/O. GOVINDAPPA

AGED ABOUT 39 YEARS,

AGRICULTURIST AND

ARCHAK/POOJARI

1b. UPPAR RANGASWAMY,

FOSTER S/O GOVINDAPPA

AGED 18 YEARS,

2.

SRI.DASARA BASAPA S/O THIMMAPPA

AGED 30 YEARS,

AGRICULTURIST & POOJARI

BOTH PETITIONERS 1a, 1b AND 2 ARE

RESIDING AT SOMASAMUDRA,

BELLARY TALUK AND DISTRICT.

... PETITIONERS

(By Sri. B. CHIDANANDA, ADVOCATE )

AND

1.

THE STATE OF KARNATAKA

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BY ITS SECRETARY

DEPARTMENT OF REVENUE

M.S.BUILDING, DR.AMBEDKAR VEEDI

BANGALORE-560001

2.

THE LAND TRIBUNAL

BELLARY TALUK,

REPRESENTED BY ITS SECRETARY

3.

SRI.ANJANEYA SWAMY TEMPLE

SOMASAMUDRA, BELLARY TQ & DIST

REPD BY THASILDAR

& MUZARAI OFFICER

... RESPONDENTS

(By Sri. A.R. RODRIGUES, ADDITIONAL GOVERNMENT

ADVOCATE FOR RESPONDENTS )

THIS REVIEW PETITION IS FILED UNDER ORDER 47

RULE 1 CPC PRAYING TO REVIEW THE ORDER DATED

21.06.2002 PASSED IN WP NO.18755 OF 1994 ON THE

FILE OF THIS COURT, BANGALORE.

THIS

REVIEW

PETITION

COMING

ON

FOR

ADMISSION,

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

Though the matter is listed for admission, with the

consent of learned counsel for petitioners and learned

Additional Government Advocate for respondents, the

matter is heard finally.

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2.

Petitioners in the review petition are the legal

representatives of deceased Govindappa-first petitioner in

Writ Petition No.18755 of 1994 as well as second petitioner

in the said writ petition. They have filed this review

petition seeking recall of order dated 21.06.2002 passed in

Writ Petition No.18755 of 1994.

3.

Learned counsel for the petitioners submits

that the said writ petition was filed in the year 1994. That

on 02.12.1997, Govindappa-first petitioner in the said writ

petition died. His legal representatives were not brought

on record. By order dated 21.06.2002, the said writ

petition was rejected. Being aggrieved by the same, Smt.

Malemma, widow of Govindappa and Sri Dasara Basappa

filed Writ Appeal No.5025 of 2008. By order dated

12.10.2009, the Division Bench permitted the appellants to

withdraw the writ appeal so as to file an appropriate

application before the learned Single Judge viz-a-viz order

dated 21.06.2002. Learned counsel for petitioners further

submits that it is pursuant to the said liberty that the

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present review petition has been filed. He has drawn my

attention to order dated 21.06.2002 passed in Writ Petition

No.18755 of 1999. He submits that the said writ petition

was rejected without issuance of notice to respondent No.3

herein. He further submits that writ appeal filed was also

withdrawn without issuance notice to 3^rd respondent-

temple. In the circumstances, learned counsel submits

that order dated 21.06.2002 may be recalled and writ

petition may be restored on the file of this Court and after

hearing both sides, writ petition may be disposed.

4.

Learned

Additional

Government

Advocate

appearing for respondents submits, having regard to the

direction issued by the Division Bench of this Court,

appropriate orders may be made in this review petition.

5.

The detailed narration of facts and contentions

would not call for a reiteration except highlighting the fact

that Govindappa-first petitioner who had filed Writ Petition

No.18755 of 1994 died on 02.12.1997. His legal

representatives were not brought on record. The writ

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petition was dismissed on 21.06.2002 without bringing on

record the legal representatives of deceased Govindappa.

Thus the order dated 21.06.2002 was passed against a

dead person. Therefore, in Writ Appeal No.5025 of 2008,

Division Bench of this Court permitted the petitioners to

seek recall of that ord