- 1 - NC: 2025:KHC:13303-DB RP No. 52 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE R DEVDAS AND THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY REVIEW PETITION NO. 52 OF 2024 BETWEEN: 1. SRI. VASU POOJARY S/O. DOGU POOJARY, AGED ABOUT 74 YEARS, R/AT NEKKILADI VILLAGE, PADUPERARA VILLAGE AND POST, VIA BAJPE, MANGALORE-574 142, 2. SRI. LINGU POOJARY (SINCE DEAD BY LRS.,) 2.A. SMT PADMAVATHI W/O. MAHABALA AND D/O. LINGU POOJARY, AGED ABOUT 69 YEARS, 2.B. SRI. PRABHAKAR S/O. LINGU POOJARY, AGED ABOUT 64 YEARS, 2.C. SRI. BHAVANI SHANKAR S/O. LINGU POOJARY, AGED ABOUT 57 YEARS, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13303-DB RP No. 52 of 2024 2.D. SMT. REVATHI W/O. RAJEEV AND D/O. LINGU POOJARY, AGED ABOUT 67 YEARS, 2.E. SMT. JAYANTHI W/O. HOOVAYYA AND D/O. LINGU POOJARY, AGED ABOUT 66 YEARS, 2.F. SMT. BABI W/O. KESHAVA AND D/O. LINGU POOJARY, AGED ABOUT 61 YEARS, 2.G. SMT. YAMINI W/O. HEMACHANDRA AND D/O. LINGU POOJARY, AGED ABOUT 59 YEARS, 2.H. SMT. SHARMILA W/O. SADASHIVA AND D/O. LINGU POOJARY, AGED ABOUT 55 YEARS, ALL ARE R/AT NEKKILADI VILLAGE, PADUPERARA VILLAGE AND POST, VIA BAJPE, MANGALORE-574 142, DISTRICT DAKSHINA KANNADA. …PETITIONERS (BY SRI. G. BALAKRISHNA SHASTRY., ADVOCATE) AND: 1. THE LAND TRIBUNAL MANGALORE REP. BY ITS CHAIRMAN, MANGALORE TALUK, D.K. DISTRICT-575 001. - 3 - NC: 2025:KHC:13303-DB RP No. 52 of 2024 2. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001. 3. SRI. RAGHAVA KOTIAN, SINCE DEAD BY LRS., 3.A. SMT. YAMUNA W/O. RAGHAVA KOTIAN, AGED ABOUT 79 YEARS, 3.B. SRI. BABU SHETTY S/O. SADASHIVA SHETTY, AGED ABOUT 67 YEARS, 3.2. SHIVANANDA S/O. RAGHAVA KOTIAN, AGED ABOUT 57 YEARS, R/AT NEKKILADI VILLAGE, PADUPERARA VILLAGE AND POST, VIA BAJPE, MANGALORE-574 142, DISTRICT DAKSHINA KANNADA. 3.C. ROSA RAMANI D/O. RAGHAVA KOTIAN, AGED ABOUT 53 YEARS, 3.D. HARINAKSHI D/O. RAGHAVA KOTIAN, AGED ABOUT 53 YEARS, 3.E. VIJAYALAKSHMI W/O. BALAKRISHNA, AGED ABOUT 51 YEARS, - 4 - NC: 2025:KHC:13303-DB RP No. 52 of 2024 3.F. BALAKRISHNA S/O. YAMUNA AND S/O. RAGHAVA KOTIAN, AGED ABOUT 49 YEARS, 3.G. RAJA S/O. RAGHAVA KOTIAN, AGED ABOUT 41 YEARS, 3.H. LOLAKSHI D/O. RAGHAVA KOTIAN, AGED ABOUT 46 YEARS, 3.I. 4. SMT. SUMITHRA D/O. RAGHAVA KOTIAN, AGED ABOUT 39 YEARS, ALL ARE R/AT NEKKILADI VILLAGE, PADUPERARA VILLAGE AND POST, VIA BAJPE, MANGALORE-574 142, SRI. BABU SHETTY S/O SADASHIVA SHETTY AGED ABOUT 67 YEARS R/A GOLIDADI, PADUPERARA VILLAGE & POST MANGALORE, D.K. DISTRICT-574142. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 08.11.2022 IN W.A. NO.1134/2012 C/W W.P NO. 50676/2017 AND THAT THIS REVIEW PETITION BE ALLOWED AS PRAYED FOR TO MEET THE ENDS OF JUSTICE. THIS REVIEW PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:13303-DB RP No. 52 of 2024 CORAM: HON'BLE MR JUSTICE R DEVDAS AND HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR JUSTICE R DEVDAS) This review petition is filed by the appellants in W.A.No.1134/2012 connected with W.P.No.50676/2017, to review the order dated 08.11.2022 passed by this Court. 2. Learned Counsel Sri.G.Balakrishna Shastry, appearing for the review petitioners brings to the notice of this Court that the appellants had challenged the order before the Hon’ble Apex Court in Special Leave Petition (Civil) Diary No.4094/2023 and the Special Leave Petition was dismissed by order dated 12.09.2023. However, the learned Counsel would submit that the order of dismissal is a one line order without adverting to the contentions sought to be raised at the hands of the petitioners before the Hon’ble Apex Court. Learned Counsel would also draw the attention of this Court to a communication dated 10.10.2023, made by the learned Counsel who appeared - 6 - NC: 2025:KHC:13303-DB RP No. 52 of 2024 for the petitioners before the Hon’ble Apex Court, addressed to the learned Counsel for the petitioners at Mangaluru and submits that the learned Counsel has stated that the Hon’ble Apex Court has orally observed that it is a matter for review before this Court. 3. Learned Counsel would also submit that the contesting respondent cannot dispute the fact that the claim insofar as Sy.No.210/1B of Nikkiladi of Padu Padu Perara village, Mangaluru Taluk, was in respect of 2 Acres 50 Cents as against the grant of occupancy rights in respect of 3 Acres 53 Cents, which could not have been granted by the Land Tribunal. 4. Having heard the learned Counsel for the petitioners and on perusing the petition papers, this Court finds that the Hon’ble Apex Court has dismissed the Special Leave Petition in the presence of the learned Counsel for the respondents. It is not a case where the Special Leave Petition was dismissed without notice to the respondents. Further, the learned Counsel has also admitted the fact that this issue regarding the extent of - 7 - NC: 2025:KHC:13303-DB RP No. 52 of 2024 land claimed by the occupant by filing application in Form No.7, was 2 Acres 50 Cents and the occupancy rights were conferred in respect of 3 Acres 53 Cents, was contested by the petitioners in the writ petition as well as in writ appeal and therefore, it cannot be considered as an ‘error apparent on the face of the record’. 5. For the reasons stated above, this Court is of the considered opinion that the review petition cannot be entertained. Accordingly, the review petition stands dismissed. 6. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE Sd/- (S VISHWAJITH SHETTY) JUDGE DL CT: JL