- 1 - HC-KAR NC: 2025:KHC:28006 WP No. 430 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.430 OF 2020 (KLR-RR/SUR) BETWEEN: SRI Y. B. MAHESWARAPPA GOWDA S/O. LATE C. BASAPPA GOWDA AND LATE HALLAMMA AGED ABOUT 67 YEARS R/AT: YATTIGE, PUNAJE VILLAGE KASABA HOBLI, HOSANAGARA TALUK SHIMOGA DISTRICT - 577 418. …PETITIONER (BY SRI MUNIRAJA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201. 3. THE ASSISTANT COMMISSIONER SAGAR SUB-DIVISION, SAGAR SHIVAMOGGA DISTRICT - 577 201. 4. THE TAHSILDAR HOSANAGARA TALUK SHIMOGA DISTRICT - 577 201. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28006 WP No. 430 of 2020 5. SRI BOJAPPA Y. B. S/O. LATE HALAMMA AND LATE C. BASAPPA GOWDA AGED ABOUT 51 YEARS 6. SRI OMKESH Y. B. S/O. LATE HALAMMA AND LATE C. BASAPPA GOWDA AGED ABOUT 49 YEARS 7. SRI OMPRAKASH Y. B. S/O. LATE HALAMMA AND LATE C. BASAPPA GOWDA AGED ABOUT 47 YEARS 8. SMT. LALITHAMMA W/O. LATE Y. B. DEVENDRAPPA (DECEASED SON OF LATE HALAMMA AND LATE C. BASAPPA GOWDA) AGED ABOUT 52 YEARS 9. SMT. JAYAMMA W/O. HANGADHARAPPA GOWDA D/O. LATE HALAMMA AND LATE C. BASAPPA GOWDA AGED ABOUT 60 YEARS 10. SMT. KUSUMA W/O. SHANTKUMAR D/O. LATE HALAMMA AND LATE C. BASAPPA GOWDA AGED ABOUT 53 YEARS RESPONDNET NOS.5 TO 10 ARE RESIDING AT PUNAJE VILLAGE KASABA HOBLI, HOSANAGARA TALUK SHIMOGA DISTRICT - 577 418. …RESPONDENTS (BY SRI MANJUNATH K., H.C.G.P., FOR R1 TO R4; SRI SANTHOSH H. S., ADVOCATE FOR R5 TO R10) - 3 - HC-KAR NC: 2025:KHC:28006 WP No. 430 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED JUDGMENT DATED 25.10.2019 IN APPEAL NO.1142/2017 PASSED BY THE HON'BLE KARNATAKA APPELLATE TRIBUNAL AS PER ANNEXURE-A AND CONSEQUENTLY QUASH THE ORDER DATED 07.08.1989 IN ORDER AND BEARING NO.BHOOMI.VIVA.379/84-85 AND ORDER DATED 11.07.1996 IN R.A.NO.14 AND 17/1989-90 PASSED BY THE R-2 AND 3 AS PER ANNEXURE-G AND K AND ETC. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri P.Muniraja.M, learned counsel for the petitioner, Sri Manjunath K, learned HCGP for respondents no.1 to 4 and Sri Santhosh H.S., learned counsel for respondents no.5 to 10. 2. Writ petition is filed challenging the order dated 25.10.2019 (Annexure-A) in Appeal No.1142/2017 on the file of the Karnataka Appellate Tribunal, Bengaluru, wherein the appeal filed by the petitioner herein came to be dismissed on the ground of delay. 3. Having taken note of the submission made by the learned counsel for the parties, I have carefully gone through the - 4 - HC-KAR NC: 2025:KHC:28006 WP No. 430 of 2020 reasons assigned by the Karnataka Appellate Tribunal for non- consideration of Issue No.1 i.e., for condonation of delay of 7673 days in filing the appeal. 4. It is the case of the appellant therein that, the order impugned therein has been passed against a dead person. In that view of the matter, taking into consideration the declaration of law made by the Apex Court in the case of Kiran Singh and Others vs. Chaman Paswan and Others reported in AIR 1954 SC 340, the order passed against a dead person is a nullity in law and, in that view of the matter, while considering the application under Section 5 of the Limitation Act, it is not the length of delay but, the cause of delay which has to be considered by the Karnataka Appellate Tribunal. In that view of the matter, though there is a delay of 7673 days in filing the appeal, the cause of delay would indicate that, before the Karnataka Appellate Tribunal that, the order has been passed against a dead person. In that view of the matter, I pass the following : ORDER i) The writ petition is allowed; - 5 - HC-KAR NC: 2025:KHC:28006 WP No. 430 of 2020 ii) The order dated 25.10.2019 in Appeal No.1142/2017 (Annexure-A) on the file of the Karnataka Appellate Tribunal, Bengaluru, is set aside; iii) Matter is remanded to the Karnataka Appellate Tribunal to consider the appeal on merits and pass appropriate orders in accordance with law. Sd/- (E.S.INDIRESH) JUDGE rs/List No.: 1 Sl No.: 46