IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1220 OF 2025 (LR-SEC)

BETWEEN: THIMMAIAH SINCE DEAD BY LRS H.T. GANGADHARAIAH SINCE DEAD BY LRS GOVINDAMMA

1.

W/O LATE GANGADHARAIAH AGED ABOUT 65 YEARS R/AT NULUGUMMANAHALLI MANCHENAHALLI HOBLI GAURIBIDANUR TALUK Digitally signed by CHIKKABALLAPURA - 561 208 SRIDEVI S Location:

2. H.G. GANGEGOWDA High Court of Karnataka S/O LATE GANGADHARAIAH AGED ABOUT 42 YEARS R/AT NULUGUMMANAHALLI MANCHENAHALLI HOBLI GAURIBIDANUR TALUK CHIKKABALLAPURA - 561 208

3. SRI H.T. CHANDRAIAH S/O LATE THIMMAIAH AGED ABOUT 50 YEARS R/AT HANUMANTHAPURA VILLAGE JARABANDHAHALLI POST MANCHENAHALLI HOBLI GAURIBIDANUR TALUK CHIKKABALLAPURA - 561 208

4. SRI H.T. KRISHNEGOWDA S/O LATE THIMMAIAH AGED ABOUT 40 YEARS R/AT HANUMANTHAPURA VILLAGE JARABANDHAHALLI HOBLI MANCHENAHALLI HOBLI GAURIBIDANUR TALUK CHIKKABALLAPURA - 561 208

5. SMT. VEBKATALAKSHMAMMA D/O LATE THIMMAIAH W/O NARASIMHAMURTHY R/AT SUNKADA GATE (NEAR GOVT. SCHOOL)

DODDABALLAPURA TALUK BENGALURU SOUTH TALUK BENGALURU RURAL - 561 203

6. SMT. NARAYANAMMA D/O LATE THIMMAIAH W/O SRI ANJAN KUMAR R/AT UJJINI HOSHALLI KAMALURU POST DODDABALLAPURA TALUK BENGALURU RURAL - 561 203 …APPELLANTS (BY SRI P.N. MANMOHAN, ADVOCATE FOR SRI PRAVEEN KAMATH M.R., ADVOCATE)

AND:

1. SRI K. NARAYANA GOWDA S/O H.A. KEMPAIAH AGED ABOUT 65 YEARS R/AT HANUMANTHAPURA VILLAGE JARABANDHAHALLI POST MANCHENAHALLI HOBLI GAURIBIDANUR TALUK CHIKKABALLAPURA - 561 208

2. ASSISTANT COMMISSIONER GAURIBIDANUR TALUK GAURIIDANUR CHIKKABALLAPURA - 562 101 …RESPONDENTS (BY SRI YESHWANTH NETAJI, ADVOCATE FOR SRI K.V. NARASIMHAN, ADVOCATE FOR R-1 &

SMT. NAMITHA MAHESH, AGA FOR R-2)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE IMPUGNED JUDGMENT DATED 16.06.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION No.37713/2016 (LR-SEC) & ETC.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS PRONOUNCED AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

CAV JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellants have filed the present intra-court appeal impugning an order dated 16.06.2025 [impugned order] passed by the learned Single Judge of this Court in WP.No.37713/2016 (LR-SEC). The learned Single Judge partly allowed the said writ petition by the impugned order, whilst, the claim made by the legal heirs of Smt. Venkatamma [petitioner No.1(a) to (d) in the writ petition] claiming occupancy rights in respect of land falling in Survey No.2/2B, Gollahalli Village, Gauribidanuru Taluk, was rejected; The claim made by respondent No. 1 (K. Narayana Gowda) was arrayed as petitioner No.2 in writ petition, claiming occupancy rights in land falling in Survey No.15/2B, Gollahalli Village, Gauribidanuru Taluk, to the extent of one- half share, was allowed. The learned Single Judge had held that respondent No.1 and the representatives of respondent No.2 shared the said subject land equally.

2. The Appellants claimed that the subject land (land measuring 5 acres and 12 guntas falling in Survey No.15/2B, situated in Gollahalli Village, Gauribidanuru Taluk, Chikkaballapura District) belonged to them. It is further stated that the said land was purchased by the predecessors in interest of the appellants, from the heirs of the original owner (Kare Rangappa), under two registered sale deeds dated 18.04.1980 and 18.02.1981. They claim that the subject land was mutated in the names of the purchasers/ their successors in interest, are in continuous possession and enjoyment of the same.

3. The respondent No.1 claims occupancy rights in respect of part of the subject land, which was rejected. However, the said claim has been accepted by the learned Single Judge, albei