THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED:19.09.2024 IN WP NO.26512/2005(LR) IN THE INTEREST OF JUSTICE.THIS APPEAL, COMING ON FOR FINAL 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 T.M.NADAF)

This intra Court appeal is filed under Section 4 of the Karnataka High Court Act, 1961, by the legal representatives or original respondent No.3, challenging the order dated 19.09.2024 passed by the learned Single Judge in W.P.No.26512/2005.

Learned Single Judge under the impugned order, allowed the Writ Petition and quashed the order dated 04.08.2005 passed by the second respondent - Land Tribunal.

The parties are referred to as per their ranking before the learned Single Judge.

The brief factual matrix leading to filing of this appeal are as under:

The petitioners filed Writ Petition seeking following reliefs:

1) Issue a writ in the nature of Certiorari and quash the impugned order passed by the 2nd respondent/ Land Tribunal Sullya, bearing No.L.R.Y.2695:74-75 dated 04-08-2005 vide Annexure-H.

2) Call for the entire records pertaining for the proceedings hearing No.L.R.Y.2695:74-75 of the Land Tribunal, Sullya.

3) Declare the petitioners as the owners of properties bearing Sy.No.131/3 measuring 3 acres 35 cents, Sy.No.131/4 measuring 70 cents and Sy.No.131/5 measuring 4 cents situated at Marulya village, Sullia Taluk.

4) Issue any such appropriate order, orders, direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case by allowing this Writ Petition with exemplary costs in the interest of justice and equity.

For easy reference, the family tree of the parties is extracted as under:

BHATYA POOJARI |---------------------------------------------------------------------------|

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HONNAMMA MANJAPPA POOJARI POOVAPPA POOJARI

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LINGAPPA (TENANT) (R3)|----------------------------------------------------------------

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SUNDHARI NARAYANA RAMAIAH DEVAPPA (P1)|

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KARUNKARE DAMODHARA SHASHIKALA VASANTHA (P2) (P3) (P4) (P5)

The first petitioner contends that she along with late Manjappa Poojary, Povappa Poojary, Narayana Poojary, Ramaiah Poojary and Devappa Poojary constituted one family. they belong to Billava community and they are governed by law of Aliyasanthana. As per the claim of the petitioners, the petition lands are the ancestral properties and in registered Partition Deed dated 30.04.1970, the first petitioner was allotted 5/10th share. It was the further claim of the petitioners that the father of respondent No.3 who was asserting tenancy rights in the ancestral property, was cultivating the lands on behalf of the family. Post registered partition deed, in a oral partition Manjappa Poojary agreed to give the first petitioner and other parties 02 Mudi, 08 Seru rice.

Since, Manjappa Poojary not adhered to his agreed crop share under the oral partition, the first petitioner along with her children instituted a suit in O.S.No.164/1975. The suit came to be decreed. Manjappa Poojary despite preliminary decree, declined to give share and mischievously got Form No.7 by his son Lingappa Poojary before the second respondent - Land Tribunal. The Land Tribunal conferred occupancy rights in favor of Lingappa Poojary. The said order came to be challenged before this Court in Writ Petition and the order was quashed and the matter was remanded to the Land tribunal for de novo enquiry.

After remand, without affording any opportunity to the petitioners, again the occupancy rights were conferred on 13.11.1987. The said order was the subject matter in W.P.No.29353/1996. The Writ Court allowed the Writ Petition and rema