IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.104646 OF 2025 (KLR-RR/SUR)

BETWEEN:

1. SRI. RAJAPPA HOSAHALLI S/O. EARAPPA HOSAHALLI, AGED ABOUT 55 YEARS, 2. SHRI. HANUMANTAPPA HOSAHALLI S/O. EERAPPA HOSAHALLI, AGED ABOUT 57 YEARS, 3. SHRI. RAMAPPA HOSAHALLI S/O. EERAPPA HOSAHALLI, AGED ABOUT 50 YEARS, 4. SMT. LAXMAMMA D/O. EERAPPA HOSAHALLI, AGED ABOUT 59 YEARS, MANJANNA E SMT. VRUNDAMMA @ LAXMAMMA Digitally signed by SINCE DECEASED MANJANNA E Location: HIGH COURT OF KARNATAKA REPRESENTED BY HER HUSBAND, DHARWAD BENCH Date: 2026.02.21 11:31:24 +0530

5. VENKAPPA NEERALAGI AGED ABOUT 46 YEARS, ALL ARE AGRICULTURISTS, R/O. HOSAHALLI, TQ. RANEBENNUR, DIST. HAVERI-581115.

…PETITIONERS (BY SRI. ARAVIND D.KULKARNI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPT. BY DEPUTY COMMISSIONER, VIJAYANAGAR-583201.

2. THE ASSISTANT COMMISSIONER HARAPANAHALLI-583131.

3. THE TAHASHILDAR HARAPANAHALLI-583131.

4. SMT. SHANTHAVVA @ PUSHPA W/O. ASHOK REDDY YERISIMI, AGED ABOUT 49 YEARS, RESIDING AT YEREKUPPI VILLAGE, RANEBEENUR TALUK HAVERI-581208.

5. SMT. RATHNAMMA W/O. HANUMA REDDY AGED ABOUT 41 YEARS, RESIDING AT YEREKUPPI VILLAGE, RANEBENNUR TALUK, HAVERI-581208.

…RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R3;

SRI. PRAKASH R.BADIGER, ADVOCATE FOR R4 AND R5)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE, APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER SAM KAM APPEAL/47/2024-25 DATED 18-12- 2024 PRODUCED AT ANNEXURE-H, PASSED BY THE RESPONDENT NO.1; ISSUE, APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER RA HA HALLI/CR/294/2023 DATED 28-05-2024 PRODUCED AT ANNEXURE-G, PASSED BY THE RESPONDENT NO.2; ISSUE, APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT NO.3 TO MAKE MUTATION ENTRIES NO.4/2003- 2004 IN THE NAME OF PETITIONERS AS PER THE REGISTERED SALE DEED IN SO FAR AS LAND IN QUESTION; AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

Aggrieved by the order dated 28.05.2024 passed by respondent No.2-Assistant Commissioner (Annexure-G) and the order dated 18.12.2024 passed by respondent No.1- Deputy Commissioner (Annexure-H), whereby the request of the petitioners for mutation of their names in the revenue records was rejected, the petitioners are before this Court.

Brief facts:

2. The father of the petitioners purchased land measuring 1 acre 58 ½ cents in Survey No.177/A, out of the total extent of 3 acres 17 guntas, under the registered sale deed dated 24.07.2003 executed by Nagappa-the father of respondent Nos.4 and 5. Respondent No.4 instituted O.S. No.83/2003 seeking partition and separate possession of 1/3^rd share in the suit schedule properties, including the petition land (item No.1). The suit was dismissed. The First Appellate Court in R.A. No.7/2005 confirmed the dismissal.

3. In RSA No.877/2006, this Court held in clear terms that:

i. Suit item No.1 was a self-acquired property of defendant No.1 ii. The plaintiff (respondent No.4) was not entitled to any share in item No.1.

iii. She was entitled only to a share in item Nos.2, 3 and 4.

Thus, insofar as petition land item No.1 is concerned, the matter attained finality.

4. Subsequently, the petitioners sought mutation under Section 136(2) of the Karnataka Land Revenue Act, 1964. During the pendency of the revenue proceedings, respondent No.4 filed O.S. No.240/2023, again seeking partition and separate possession in respect of the same property, on the said ground, respondent No.2 dismissed the appeal, which was confirmed by respondent No.1.

5. Learned counsel for the petitioners submits that the earlier litigation has attained finality in RSA No.877/2006 and respondent No.4 has no surviving right in respect of item No.1.