IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1754 OF 2024 (LR)

BETWEEN:

1. BALAKKA, W/O LATE LINGAPPA POOJARY, AGED ABOUT 85 YEARS, R/AT MADHAPU HOUSE, MARULLYA POST - 574 239 SULIA TALUK, D.K.DISTRICT

2. SHASHIKALA, W/O LATE ISWARA POOJARY, D/O LATE LINGAPPA POOJARY, AGED ABOUT 50 YEARS, NEKKARE HOUSE, GALITHA MAJALI KALLADAKA, BANTWALA TALUK, Digitally signed by D.K.DISTRICT - 574 222.

REKHA R Location: 3. JAYAPRAKASH M, High Court S/O LATE LINGAPPA POOJARY, of Karnataka AGED ABOUT 53 YEARS, R/AT MADHAPU HOUSE, MARULLYA POST - 574 239 SULIA TALUK, D.K.DISTRICT

4. SULOCHANA, W/O JANARDHANA, D/O LATE LINGAPPA POOJARY, AGED ABOUT 40 YEARS, ISWARAMANYALA VILLAGE AND POST, PUTTU TALUK, D.K.DISTRICT - 574 202.

5. SHASHI PRABHA, W/O JAGANNATH D/O LATE LINGAPPA POOJARY, AGED ABOUT 40 YEARS, MATHRADI HOUSE AND VILLAGE, KONTARA POST, PUTTUR TALUK, D.K.DISTRICT - 574 202.

…APPELLANTS (BY SRI. UDAYA HOLLA SENIOR COUNSEL FOR SRI. KESHAVA BHAT A., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE M.S.BUILDING, AMBEDKAR ROAD, BANGALORE - 560 001.

2. THE CHAIRMAN, LAND TRIBUNAL, REP.BY ITS CHAIRMAN, SULLIA, D.K.DISTRICT - 574 239.

3. SUNDARI, W/O LATE KRISHNAPPA, AGED 65 YEARS, R/AT HALIYURU, VANAGUR POST, SAKALESHAPURA TALUK, HASSAN DISTRICT - 573 134.

4. A.K.KARUNAKARA, S/O LATE KRISHNAPPA AGED 48 YEARS, R/AT HALIYURU, VANAGUR POST, SAKALESHAPURA TALUK, HASSAN DISTRICT - 573 134.

5. A.K.DAMODARA, S/O LATE KRISHNAPPA, AGED 50 YEARS, R/AT HALIYURU, VANAGUR POST, SAKALESHAPURA TALUK, HASSAN DISTRICT - 573 134.

6. A.SHASHIKALA W/O H.R.JAYARAM, D/O LATE KRISHNAPPA, AGED 45 YEARS, R/AT HALIYURU, VANAGUR POST, SAKALESHAPURA TALUK, HASSAN DISTRICT - 573 134.

7. A.K. VASANTH, S/O LATE KRISHNAPPA, AGED 43 YEARS, R/AT NO.33/1, 6^TH CROSS, SRIRAMPURAM, BANGALORE - 560 021.

…RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA FOR R1 & R2, VIDE ORDER DATED14.10.2025 R5 DEAD, R3, R4, R6 ARE SERVED AND UNREPRESENTED, SRI. B.M. IRSHAD AHMED, ADVOCATE FOR CAVEATOR R7) 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.

2. 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.

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

4. 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 2^nd 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.

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

BHATYA P