- 1 - HC-KAR NC: 2025:KHC-D:8988-DB RP No. 100063 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA REVIEW PETITION NO. 100063 OF 2025 BETWEEN: 1 SHRI. SHIVAPAD S/O. GURULINGAPPA MULLATTI, (SINCE DEAD BY HIS LR’S) SMT. MAHADEVI W/O. SIDARAYA NAMGODA, AGE. 60 YEARS, OCC. HOUSEWIFE, R/O. BALAWAD VILLAGE, TALUKA ATHANI, DISTRICT. BELAGAVI-591304. 2 SMT. KASTURI W/O. IRAPPA NAIK, AGE. 56 YEARS, OCC. HOUSEWIFE, R/O. SANKONATTI VILLAGE, TALUKA ATHANI, DISTRICT. BELAGAVI-591304. 3 SHRI. PARAMANAND S/O. SHIVAPAD MULLATI, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. CHIKKATTI VILLAGE, TALUKA ATHANI, DISTRICT BELAGAVI-591304. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8988-DB RP No. 100063 of 2025 4 SMT. LAXMIBAI W/O. BASAVARAJ MULLATTI, AGE. 48 YEARS, OCC. HOUSEWIFE, R/O. CHIKKATTI VILLAGE, TALUKA ATHANI, DISTRICT BELAGAVI-591304. 5 SHRI. SACHIN S/O. BASAVARAJ MULLATTI, AGE. 29 YEARS, OCC. SERVICE, R/O. CHIKKATTI VILLAGE, TALUKA ATHANI, DISTRICT. BELAGAVI-591304. 6 SHRI. SHANKAR S/O. BASAVARAJ MULLATTI, AGE. 24 YEARS, OCC. STUDENT, R/O. CHIKKATTI VILLAGE, TALUKA. ATHANI, DISTRICT. BELAGAVI-591304. …PETITIONERS (BY SRI. PRASHANTH F GOUDAR, ADVOCATE) AND: 1 SHANKAR MALLAPPA MULLATTI, AGED ABOUT 71 YEARS, (SINCE DEAD BY LR’S) SMT. BHAGGAWWA W/O. SHANKAR MULLATTI, AGE: 82 YEARS, OCC: HOUSEWIFE, R/O: CHIKKATTI VILLAGE, TALUKA ATHANI, DISTRICT. BELAGAVI-591304. 2 SMT. SHANTA W/O. NARASU SANAKI @ SHANTA D/O. SHANKAR MULATI, AGE: 63 YEARS, - 3 - HC-KAR NC: 2025:KHC-D:8988-DB RP No. 100063 of 2025 OCC: HOUSEWIFE, R/O: BEHIND SAI CLINIC, PATIL GALLI, SHASTRI CHOUK, NADI VES, MIRAJ, TALUKA. MIRAJ, DISTRICT. SANGLI-416410. 3 SHRI. SURESH S/O. SHANKAR MULLATTI, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: CHIKKATTI VILLAGE, TALUKA. ATHANI, DISTRICT. BELAGAVI-591304. 4 SHRI. MURAGESH S/O. SHANKAR MULLATTI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: CHIKKATTI VILLAGE, TALUKA ATHANI, DISTRICT. BELAGAVI-591304. 5 SHRI. CHANDRAKANT S/O. SHANKAR MULATTI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: CHIKKATTI VILLAGE, TALUKA. ATHANI, DISTRICT. BELAGAVI-591304. 6 SMT. DRAKSHAYANI W/O. DHANPAL SAUDI @ DRAKSHAYANI D/O. SHANKAR MULLATTI, AGE: 51 YEARS, OCC: HOUSEWIFE, R/O: SANKONATTI VILLAGE, TALUKA. ATHANI, DISTRICT. BELAGAVI-591304. 7 SMT. REKHA @ SUREKHA W/O. MALLIKARJUN KHOT, D/O. SHANKAR MULATTI, AGE: 47 YEARS, OCC: HOUSEWIFE, R/O: MADABHAVI ROAD, MASARGATTI VILLAGE, - 4 - HC-KAR NC: 2025:KHC-D:8988-DB RP No. 100063 of 2025 TALUKA ATHANI, DISTRICT. BELAGAVI-591304 8 SHANUMAK MALLAPPA MULLATTI, AGED ABOUT 67 YEARS, 9 PARAPPA MALLAPPA MULLATTI, AGED ABOUT 63 YEARS, 10 MAHADEV MALLAPPA MULLATTI, AGED ABOUT 55 YEARS, 11 SADASHIV MALLAPPA MULLATTI, AGED ABOUT 53 YEARS, RESPONDENT NO.8 TO RESPONDENT NO.11 ARE R/O. CHIKKATTI VILLAGE, ATHANI TALUKA, BELAGAVI DISTRICT-591304. 12 SMT. JAIRABI BABASAHEB SHEIKH, RAHAMSHA GALLI, ANGOL, BELAGAUM-590001. 13 THE LAND TRIBUNAL, BY ITS CHAIRMAN, ATHANI TALUKA, BELAGAUM DISTRICT-591304 …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER XLVII RULE (1) OF CPC, PRAYING TO REVIEW THE ORDER PASSED BY THIS HONBLE COURT IN W.A.NO.964/2008 (LR) DATED 22.04.2025, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 5 - HC-KAR NC: 2025:KHC-D:8988-DB RP No. 100063 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.G. PANDIT) The present review petition is filed under Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 19081 to review the judgment dated 22.04.2025 passed in WA No.964/2008. 2. The primary contention urged by learned counsel Sri Prashant F.Goudar on behalf of the petitioner in support of the review petition is that vide order dated 29.1.2025 passed in WA No.964/2008, the records were ordered to be secured from the Land Tribunal and that vide order dated 20.2.2025 it was placed on record that the Land Tribunal records were not located. Hence, it is contended that the judgment dated 22.4.2025 passed in WA No.964/2008 whereunder the order dated 9.4.2008 passed in WP No.16097/2005 is affirmed, is liable to be reviewed. 3. It is pertinent to note here that the subject matter of challenge in WA No.964/2008 by the petitioner was the order dated 9.4.2008 passed in WP No.16097/2005, whereunder the 1 Hereinafter referred to as ‘CPC’ - 6 - HC-KAR NC: 2025:KHC-D:8988-DB RP No. 100063 of 2025 learned Single Judge has allowed the writ petition, quashed the impugned order dated 24.5.2005 passed by the Land Tribunal, Athani and remanded the matter to the Land Tribunal, Athani, for disposal in accordance with law. This Court, while considering the said WA No.964/2008 has in detail considered the factual matrix of the matter, as also the order dated 9.7.2009 passed in WA No.6204/2009, whereunder the writ appeal filed in respect of half portion of the property was dismissed, which order was affirmed by the Hon’ble Supreme Court, vide order dated 19.8.2013 passed in SLP No.2533/2011. While considering the writ appeal, it was noticed by this Court that a finding of fact was required to be recorded, which was to be done by the Land Tribunal, Athani. 4. Although, learned counsel for the petitioner in the present review petition vehemently contends that the judgment dated 22.4.2025 passed in WA No.964/2008 is liable to be reviewed, having regard to the finding recorded by this Court that it is impermissible for this Court while considering WA No.964/2008 to record a finding of fact, we see no ground to review the judgment dated 22.4.2025. - 7 - HC-KAR NC: 2025:KHC-D:8988-DB RP No. 100063 of 2025 5. In view of the aforementioned, the above review petition is dismissed as being devoid of merit. SD/- (S G PANDIT) JUDGE SD/- (C.M. POONACHA) JUDGE ND/List No.: 19 Sl No.: 1