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2025 DAILYLAW 54140 (KAR)

SRI. SURESH. M v. THE STATE OF KARNATAKA

WA/1460/2024 · 2025-10-27

D K Singh, Rajesh Rai K

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42585-DB WA No. 1460 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1460 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SRI. SURESH. M S/O.LATE. MUNIVENKATAPPA AGED ABOUT 45 YEARS, R/AT. NO.10, 1ST CROSS, KEMPAIAHA LAYPOUT, PATTANDUR AGRAHARA VILLAGE, WHITEFIELD POST, K.R.PURAM HOBLI, BENGALURU-560 0 66. …APPELLANT (BY SRI. SRINATH P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, DR.AMBEDAKAR VEEDHI, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT, KANDAYA BHAVAN, BANGALORE-560 009. 3. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION, KANDAYA BHAVAN, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42585-DB WA No. 1460 of 2024 BANGALORE-560 009. 4. THE TAHSILDAR BANGALORE EAST, K.R.PURAM, BANGALORE-560 036. 5. THE SPECIAL TAHSILDAR, BANGALORE EAST, K.R.PURAM, BANGALORE-560 036. 6. THE REVENUE INSPECTOR WHITEFIELD, K.R.PURAM HOBLI, BANGALORE-560 036. 7. SMT. PRAMILAMMA W/O.LATE.KRISHNAPPA. AGED ABOUT 60 YEARS, 8. SRI. RAGHAVENDRA S/O.LATE. KRISHNAPPA, AGED ABOUT 41 YEARS, 9. SRI.RAJIV KRISHNA S/O.LATE. KRISHNAPPA, AGED ABOUT 35 YEARS 10. SRI.RRMANJANEYA S/O.LATE. B.MUNIYAPPA, AGED ABOUT 65 YEARS, 11. SRI.MAHENDRA KUMAR S/O.LATE.B.MUNIYAPPA, AGED ABOUT 57 YEARS RESIDING AT NO.109/2 PATTSNDUR AGRAHARA VILLAGE, K.R.PURAM HOBLI BANGALORE-560 066. …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R-1 TO R-6) - 3 - HC-KAR NC: 2025:KHC:42585-DB WA No. 1460 of 2024 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21/08/2024 MADE IN WRIT PETITION NO.15794/2024 PASSED BY THE LEARNED SINGLE JUDGE AND TO ALLOWING THIS WRIT APPEAL, ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment and order dated 21.08.2024 passed by the learned Single Judge in W.P.No.15794/2024 (KLR-RR/SUR). 2. The appellant was neither a party in the civil suit nor in the first appeal nor in the second appeal nor in the writ petition. 3. The writ petitioners had filed writ petition for a direction to the respondent authorities to give effect to the decree passed in the First Appeal and Second Appeal. The learned Single Judge has allowed the writ petition and directed the respondents/authorities to give effect to the decree passed in - 4 - HC-KAR NC: 2025:KHC:42585-DB WA No. 1460 of 2024 R.A.No.127/2011 and confirmed by this Court in RSA.No.894/2012. 5. We fail to understand that when the appellant was not party in the decree passed by the First Appellate Court or which was confirmed in the Regular Second Appeal can he be aggrieved by the implementation of the decree. 6. We find no substance in this writ appeal and therefore, the same is dismissed. 7. The petitioner may take recourse to any other remedy as available to him in law. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE NG List No.: 1 Sl No.: 28