- 1 - NC: 2025:KHC-D:4245-DB 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, S/O BHADRAPPA BARKI, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. SUNGAR STREET SHIGGAVI, 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. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4245-DB 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. - 3 - NC: 2025:KHC-D:4245-DB 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. - 4 - NC: 2025:KHC-D:4245-DB WA No. 100160 of 2024 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 - 5 - NC: 2025:KHC-D:4245-DB WA No. 100160 of 2024 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 LIST NO.: 1 SL NO.: 4