Karnataka High Court
Smt. Yallavva Barki W/O. Bhadrappa ... vs Sri. Shekappa S/O Mallappa Ingalagi on 5 March, 2025
Author: S G Pandit
Bench: S G Pandit
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WA No. 100160 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO.100160 OF 2024 (KLR-RES)
BETWEEN:
1. SMT. YALLAVVA BARKI,
W/O BHADRAPPA BARKI.
AGE. 66 YEARS, OCC. AGRICULTURE,
R/O. SUNGAR STREET SHIGGAVI,
TQ. SHIGGAVI,
DIST. HAVERI-581205.
2. SRI FAKEERAPPA BARKI,
S/O BHADRAPPA BARKI,
AGE. 36 YEARS, OCC. AGRICULTURE,
R/O. SUNGAR STREET SHIGGAVI,
TQ. SHIGGAVI,
DIST. HAVERI-581205.
3. SRI IRAPPA BARKI,
Digitally signed S/O BHADRAPPA BARKI,
by V N BADIGER
AGE. 38 YEARS, OCC. AGRICULTURE,
Location: HIGH
COURT OF R/O. SUNGAR STREET SHIGGAVI,
KARNATAKA TQ. SHIGGAVI,
DIST. HAVERI-581205.
...APPELLANTS
(BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE)
AND:
1. SRI. SHEKAPPA,
S/O MALLAPPA INGALAGI,
AGE. 60 YEARS, OCC. AGRICULTURE,
R/AT. RAJESHWARI THEATRE,
GANDHI NAGAR, TQ. SHIGGAVI,
DIST. HAVERI-581205.
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WA No. 100160 of 2024
2. SMT. NINGAVVA,
W/O MARUTI BARKI,
AGE. 55 YEARS, OCC. AGRICULTURE,
R/O. NAGARAHALLI MATHAD STREET,
NAVALGUND,
TQ AND DIST. DHARWAD-582208.
3. SMT. RATNAVVA,
W/O BASAPPA BARKI,
AGE. 50 YEARS,
OCC. AGRICULTURE,
R/O. KADAPATTI HALIYAL,
TQ. KUNDAGOL,
DIST. HAVERI-580023.
4. THE DEPUTY COMMISSIONER,
HAVERI,
DIST. HAVERI-581110.
5. THE ASSISTANT COMMISSIONER,
SAVANUR,
DIST. HAVERI-581118.
6. THE TAHASILDAR SAVANUR,
SAVANUR,
DIST. HAVERI-581118.
7. SRI RAMESH ALIAS HONNAPPA,
S/O. BHADRAPPA BARKI,
AGE. 30 YEARS,
OCC. AGRICULTURE,
R/O. SHIGGAVI, TQ. SHIGGAVI,
DIST. HAVERI-581205.
...RESPONDENTS
(BY SRI. V.S. KALASURMATH, AGA FOR R4 TO R6)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO, ALLOW THE ABOVE WRIT APPEAL
AND SET ASIDE THE ORDER DATED 07/12/2023 PASSED BY THE
LEARNED SINGLE JUDGE IN W.P.NO.100100/2022 AND ALSO
DISMISS THE WRIT PETITION IN ITS ENTIRETY, IN THE INTEREST
OF JUSTICE AND EQUITY.
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WA No. 100160 of 2024
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present intra-court appeal filed under Section 4 of
the Karnataka High Court, 1961, is directed against the order
dated 07.12.2023 passed in W.P. No.100100/2022, whereunder
the learned Single Judge has allowed the writ petition and
directed entry of the names of the writ petitioners in the
revenue records.
2. Learned counsel for the appellant, Smt. Vidyavathi
Kotturshettar assailing the order passed by the learned Single
Judge contends that the respondents No.4 to 7 (in the writ
petition) were not adequately represented before the learned
Single Judge, and the earlier counsel had retired. It is further
contended that the order passed by the learned Single Judge
would affect the valuable rights of the appellants in immoveable
properties which are the subject matter of the suit in O.S.
No.33/2015.
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3. It is forthcoming from the order of the learned
Single Judge that, on 15.06.2023, respondent No.4 was
personally present before the learned Single Judge and an
accommodation was sought to engage an advocate which
request was acceded to and the matter was directed to be
listed on 26.06.2023. Thereafter, on 26.06.2023, the matter
was once again adjourned to 07.12.2023 when the writ petition
was disposed off on merits. It is relevant to note that adequate
opportunity had been afforded which has not been availed by
respondents No.4 to 7.
4. In any event, the learned Single Judge noticing that
the final decree was drawn on 05.04.2013 in F.D.P.No.4/2011,
directed the entry of names of the writ petitioners in the
revenue records in terms of the order passed in the final decree
proceedings.
5. It is clear from the aforementioned that rights of
the parties inter se having been adjudicated in the original
proceedings and subsequently, in the final decree proceedings
which have, admittedly, attained finality, there is no error in
the course adopted by the learned Single Judge in directing
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change of revenue entries in terms of the order passed in the
final decree proceedings. Having regard to the aforementioned,
the appellants have failed to make out any ground to interfere
with the order of the learned Single Judge.
6. In view of the aforementioned, no useful purpose
would be served in favourably considering I.A. No.3/2024 for
condonation of delay. Hence, the appeal is dismissed both on
delay and on merits.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
KMS, CT:VP
