IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8660 OF 2026 (GM-RES)

BETWEEN:

1. SRI SHEKARA AGED ABOUT 57 YEARS, S/O. LATE PADDU

2. SRI. ESHWARA, AGED ABOUT 60 YEARS, S/O. LATE PADDU

3. SRI. DIVAKARA, AGED ABOUT 52 YEARS, S/O. LATE PADDU

4. SMT. YAMUNA, AGED ABOUT 49 YEARS, W/O. LATE ASHOKA, Digitally signed by CHAITHRA A 5. SOUJANYA Location: H IGH AGED ABOUT 24 YEARS, COURT OF KARNATAKA D/O. LATE ASHOKA, 6. ANITHA, AGED ABOUT 22 YEARS, D/O. LATE ASHOKA, 7. ARUN AGED ABOUT 20 YEARS, S/O. LATE ASHOKA, ALL ARE RESIDING AT, AVARSELINGANAMANE, AVARSE POST AND VILLAGE, BRAHMAVARA TALUK, UDUPI- 576223.

…PETITIONERS (BY SMT. SHWETHA NAYAK N., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU- 560001.

2. THE LAND TRIBUNAL, UDUPI TALUK, REPRESENTED BY ITS CHAIRMAN / TAHSILDAR, UDUPI TALUK, UDUPI DISTRICT- 576101

3. SRI VISHWANANTH SHETTY, S/O. LATE. A KAMALAKSHI SHEDTHI, AGED ABOUT 83 YEARS, R/AT. VISHALA HOSPITAL, KODIYAL BAIL, MANGALORE- 575003.

4. SMT. VANITHA R. SHETTY, W/O. RATHNAKARARAMANNA SHETTY, AGED ABOUT 49 YEARS, R/AT. HILIYANAVILLAGE, BRAHMAVARA, UDUPI- 576223.

5. MR. NARAYANA POOJARI, S/O. KARIYAMMA POOJARTHI, AGED ABOUT 81 YEARS, ACHLADY VILLAGE, R/AT. MADHUVANA, UDUPI TALUK- 576225.

6. SMT. GIRIJA POOJARTHI, D/O. KARIYAMMA POOJARTHI, AGED ABOUT 65 YEARS, 7. SMT. JALAJA POOJARTHI, D/O. KARIYAMMA POOJARTHI, AGED ABOUT 62 YEARS, BOTH ARE RESIDING AT, LINGANAMANE, MOODBETTU, AVARSHE VILLAGE AND POST, UDUPI TALUK- 574105.

8. THE TAHSILDAR, UDUPI TALUK, UDUPI DISTRICT- 576101.

…RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1,2,8)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPROMISE DECREE DATED 21.08.2013 PASSED IN O.S. NO.347/2012 BEFORE THE LOK ADALAT HELD AT KUNDAPURA ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, KUNDAPURA, WHICH IS PRODUCED AS ANNEXURE-A., AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The captioned petition is filed by the legal heirs of one Kariyamma questioning the compromise decree recorded in O.S.No.347/2012 vide order on 21.08.2013.

2. The present petitioners, claiming to be the legal heirs of one Kariyamma, contend that respondent No.3, in collusion with certain family members of the petitioners, namely Narayan Poojari, Girja Poojarthi, and Jalaja Poojarathi who also assert themselves to be the legal heirs of Kariyamma has secured a compromise decree in O.S. No.347/2012. Aggrieved by the said compromise decree, the petitioners have instituted the present writ petition calling in question its legality and validity.

3. Heard the learned counsel appearing on behalf of the petitioners.

4. This Court has bestowed its anxious consideration to the material placed on record. Before adverting to the question as to whether the compromise decree passed in O.S. No.347/2012 warrants interference at this stage particularly when the compromise was recorded as far back as in the year 2013 ,this Court deems it appropriate to first examine the order rendered by the Co-ordinate Bench in W.P. No.28689/1991. In that view of the matter, this Court considers it apposite to extract paragraphs 4 to 11, including the concluding portion of paragraph 11, which read as follows:

“4. When the said writ petition was pending before this Court, the Land Reforms Appellate Authority was constituted. This Court transferred the matter to the Land Reforms Appellate Authority, Udupi, where it was numbered LRA.439/88. Subsequently, the Land Reforms Appellate Authority was abolished and C.F.No.1844/91 came to be filed Challenging the orders in question.

5. This Court by a separate order has converted the C.P. into writ petition.

6. Respondent no.3 -Belku Hengsu has filed Form No.7 (Annexure-B) claiming th