Citation : 2025 Latest Caselaw 1134 Kant
Judgement Date : 16 July, 2025
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NC: 2025:KHC-D:8808-DB
WA No. 100618 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 16TH DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO. 100618 OF 2023 (KLR-RR/SUR)
BETWEEN:
RAMAPPA S/O. SHIVALINGAPPA NAIK,
SINCE DECEASED BY HIS LEGAL REPRESENTATIVE
PRAKASH S/O. RAMAPPA NAIK
AGE: 30 YEARS,
OCC: AGRICULTURE,
R/O: WARAD NO.2,
NEAR ASANGI,
TQ: RABAKAVI-BANAHATTI,
DIST BAGALKOT-587313
...APPELLANT
(BY SRI. PRASHANT S. HOSMANI, ADVOCATE)
AND:
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
1. GOURAVVA
Location: HIGH
COURT OF
KARNATAKA
W/O. SUBHASH NAIK
AGE: 52 YEARS,
OCC: HOUSEHOLD WORK,
R/O: KULAHALLI,
TQ: JAMKHANDI,
DIST: BAGALKOT-587311.
2. GANAPATHI
S/O. SUBHASH NAIK
AGE: MAJOR, OCC: NIL,
R/O: KULAHALLI,
TQ: JAMKHANDI,
DIST: BAGALKOT-587311
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3. SURESH S/O. SUBHAS NAIK
AGE: MAJOR,
OCC: AGRICULTURE,
R/O: KULAHALLI,
TQ: JAMKHANDI,
DIST: BAGALKOT-587311.
4. TUNGAVVA
W/O. BHIMAPPA LOKAPUR
AGE: MAJOR, OCC: NIL,
R/O: ASANGI,
TQ: JAMKHANDI,
DIST: BAGALKOT-587313.
5. KAMALAVVA
W/O. SHIVALINGAPPA NAIK,
AGE: MAJOR, OCC: NIL,
R/O: KULAHALLI,
TQ: JAMKHANDI,
DIST: BAGALKOT-587311.
6. KUMARI DANESHWARI
D/O. SAGAREPPA KAMANI
AGE: MAJOR, OCC: NIL,
R/O: KULAHALLI,
TQ: JAMKHANDI,
DIST: BAGALKOT-587311.
7. GANGAVVA
W/O. HANAMANT BALAMANASI,
AGE: MAJOR,
OCC: AGRICULTURE,
R/O: KULAHALLI,
TQ: JAMKHANDI,
DIST: BAGALKOT-587311.
8. THE DEPUTY COMMISSIONER
BAGALKOT DISTRICT
DISTRICT ADMINISTRATIVE BLOCK,
NAVANAGAR,
BAGALKOT-587101.
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HC-KAR
9. THE ASSISTANT COMMISSIONER
JAMKHANDI SUB-DIVISION,
COURT COMPOUND,
JAMKHANDI,
DIST. BAGALKOT-587301.
10. THE TAHASILDAR
RABAKAVI-BANHATTI,
DIST: BAGALKOT-587311
11. THE REVENUE INSPECTOR
TERDAL
RABAKAVI-BANHATTI,
DIST. BAGALKOT-587315.
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, AGA FOR R8 TO R11;
SRI. PRASHANT S. KADADEVAR, ADV. FOR R3;
NOTICE TO R1, 2, 4, 5, 6 AND 7 ARE SERVED BUT
UNREPRESENTED)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO SET ASIDE
THE ORDER DATED 20.06.2022 IN W.P.NO.104163/2021 (KLR-
RR/SUR) PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW THE
WRIT PETITION FILED BY THE APPELLANT IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
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WA No. 100618 of 2023
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
Learned counsel for the respondents has filed a memo
dated 09.07.2025 along with copy of the compromise decree in
O.S.No.143/2024. It is pointed out that the properties in
question viz., a part of R.Sy.No.113/2 and R.Sy.No.247/1/2 has
fallen to the share of respondent No.3 herein and a part of it
has also fallen to the share of other parties. Nevertheless the
learned Civil Judge and J.M.F.C., Banahatti has accepted the
joint compromise petition and has decreed the suit in terms of
the compromise petition. In that view of the matter, learned
counsel for the respondents submits that the writ appeal does
not survive for consideration. The rights of the parties have
been determined in terms of the joint compromise petition and
the persons entitled to their respective shares will also have the
right to have the revenue entries made accordingly.
2. Learned counsel for the appellant does not dispute
the submission made by the learned counsel for the
respondents.
NC: 2025:KHC-D:8808-DB
HC-KAR
3. Accordingly, the writ appeal stands disposed of
reserving liberty to the parties to have their names entered in
the revenue records in terms of the joint compromise petition
and the decree drawn by the Civil Court in O.S.No.143/2024.
Sd/-
(R.DEVDAS) JUDGE
Sd/-
(K V ARAVIND) JUDGE
CLK CT:ANB
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