DELETED AS PER COURT ORDER DATED 11.03.2026 SINCE R12 IS DEAD AND RESPRESENTED BY LR's-R13.

13. SMT. GANGALAKSHMAMMA, D/O. LATE GANGAHANUMAIAH, AGED ABOUT 52 YEARS, RESIDING AT GAVIMATA, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 101.…RESPONDENTS (BY SRI.NAGESH., ADVOCATE FOR R1 TO R4, SRI. MOHAMMED JAFFAR SHAH, AGA FOR R8 TO R11, R5, R6 AND R7 ARE SERVED AND UNREPRESENTED, VIDE ORDER DATED 11.03.2026 R12 IS NO MORE AND REPRESNETED BY HER LR R13, SRI. S. RAJASHEKAR, ADVOCATE FOR R13)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE WRIT PETITION No.16499/2024 (KLR-RES) SET ASIDE THE IMPUGNED ORDER DATED:19.02.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.16499/2024 (KLR-RES) IN SO FAR AS IT RELATES TO DIRECTION AT PARA 12 (v) AND (vi) ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present intra Court appeal has been filed impugning the order dated 19.02.2025 passed by the writ Court in W.P.No.16499/2024. The appellant was respondent No.4 before the writ Court. The petition was filed by the respondents assailing the impugned order dated 18.11.2022 passed by the Deputy Commissioner, order dated 15.03.2023 passed by the Assistant Commissioner as well as order dated 01.02.2024 passed by the present appellant/respondent No.4 before the writ Court.

The petitioner's case was that the land in Sy.No.97 measuring 1 acre 32 guntas situated in Kadamathikere village, Kasaba Hobli, Kunigal Taluk, Tumakuru District was their ancestral property and revenue entries with respect to the said land in favour of the petitioners was made way back in the year 1968. The said land was recorded in the name of Doddahanumaiah and Chikhahanumaiah. The RTC would reflect that Doddahanumaiah was holding land 1 acre 32 guntas, while the widow of Chikkahanumaiah held 1 acre and 23 guntas. An unregistered partition deed was executed in the year 1982 within the family of Doddahanumaiah. Similarly another partition took place in the family of Chikkahanumaiah. Both the partition deeds were unregistered documents. However, these documents were recognised by the revenue authorities and according to the partition, revenue entries were reflected, reflecting the names of the parties in the RTC.

The legal heirs of Chikkahanumaiah, namely Siddamma and her children had sold 22 guntas of land to Sri.Lenkaiah-petitioner No.2 in the writ petition vide registered sale deed dated 07.05.2007. The Private respondents had filed a Civil suit in O.S.No.116/2008 seeking declaration of absolute ownership and recovery of the possession in respect of the property in question. They had challenged the validity of the sale deed dated 07.05.2007 with respect to the 22 guntas of land which was allegedly executed by Siddamma. The Civil Court dismissed this suit by judgment and decree dated 28.06.2018.

The petitioners had filed four independent suits for injunction, simplicitor, all of which were decreed in their favour restraining the respondent No.5 to 6 in the writ petition from interfering with their peaceful possession. Respondent Nos.5 and 6 who suffered the decree without disclosing the fact that their suit was dismissed in respect of cancellation of the registered sale dated 07.05.2007 and they were restrained from interfering with the peaceful possession of the suit schedule properties, approached the Deputy Commissioner and initiated proceedings without impleading the petitioners. The Deputy Commissioner without verifying the record or hearing all concerned parties entertained the revision under Section 136(2) of the Karnataka Land Revenue Act, 1964 and allowed the revision petition under Section 136(2) and remanded the matter back to the respondent No.