- 1 - HC-KAR NC: 2025:KHC:49774 RP NO.528 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH REVIEW PETITION NO.528 OF 2025 IN WRIT PETITON NO.42256 OF 2019 BETWEEN: 1. MR. K. BABU S/O LATE K.C.KURIEN, AGED ABOUT 84 YEARS, KALARIKAL ESTATE, VIA SIDAPPUR, NELLIHUDIKERI VILLAGE, KODAGU DISTRICT - 571 253. 2. MRS. ELIZABETH KURIAN W/O MR. K. BABU, AGED ABOUT 76 YEARS, KALARIKAL ESTATE, VIA SIDAPPUR, NELLIHUDIKERI VILLAGE, KODAGU DISTRICT - 571 253. REP. BY HER G.P.A. HOLDER MR. K. BABU. 3. MRS. ANNIE GEORGE W/O LATE JEEVAN GEORGE, AGED ABOUT 54 YEARS, KALARIKAL ESTATE, VIA SIDAPPUR, NELLIHUDIKERI VILLAGE, KODAGU DISTRICT - 571 253. REP. BY HER G.P.A. HOLDER MR. K. BABU. …PETITIONERS (BY SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI. MANU K., ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49774 RP NO.528 OF 2025 AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, REP. BY THE PRINCIPAL SECRETARY, M.S. BUILDING, VIDHANA SOUDHA, BENGALURU - 560 001. 2. DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI, KODAGU - 571 201. 3. ASSISTANT COMMISSIONER KODAGU DISTRICT, MADIKERI, KODAGU - 571 201. 4. STATION HOSUE OFFICER SIDDAPUR POLICE STATION, SIDDAPUR, KODAGU DISTRICT - 571 253. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS REVIEW PETITION FILED UNDER ORDER XLVII RULE 1 READ WITH SECTION 114 OF THE CODE OF CIVIL PROCEDURE PRAYING TO REVIEW THE ORDER DATED 23RD OCTOBER, 2025 PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.42256 OF 2019 AND ALOW THE WRIT PETITION. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:49774 RP NO.528 OF 2025 ORAL ORDER This Review Petition is filed by the petitioners seeking review of order dated 23rd October, 2025 (Annexure-A) passed by this Court in Writ Petition No.42256 of 2019. 2. Heard Sri. Dhyan Chinnappa, learned Senior Counsel on behalf of Sri. Manu K., appearing for petitioners and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents. 3. Sri. Dhyan Chinnappa, learned Senior Counsel appearing for petitioners invited the attention of the Court to paragraph 5 of the statement of objections filed by the respondent-State in Writ Petition No.42256 of 2019 and submits that pursuant to Order dated 19th November, 2019 passed by this Court in the writ petition, a memo dated 20th January, 2020, along with report of spot mahazar filed by the competent Revenue Authority is filed. Accordingly, he sought for interference of this Court in the present petition. 4. Per contra, Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents refers to paragraph 3 of the statement of objections and - 4 - HC-KAR NC: 2025:KHC:49774 RP NO.528 OF 2025 submits that, as the disputed question of title and possession of the property is involved, there is no error apparent on the face of the record. Accordingly, he sought for dismissal of the petition. 5. This Court, on 23rd October, 2025 dismissed the Writ Petition No.42256 of 2019 on the ground that the disputed question of title and possession of property is involved in the petition. Taking into consideration the arguments advanced by learned Senior Counsel Sri. Dhyan Chinnappa, appearing for petitioners with regard to paragraphs 3 and 5 of the statement of objections, wherein the respondent-Government has categorically taken contention that the respondent-Authorities have never entered into the land owned by the petitioners and that apart, dispute is with regard to land which is mentioned in Survey No.169/1 of Nellihudikeri Village, Kodagu District, I am of the view that there is no error apparent on the face of the record. 6. Having taken note of the submission made by learned counsel appearing for the parties, I am aware about the order dated 19th November, 2019 passed by this Court and - 5 - HC-KAR NC: 2025:KHC:49774 RP NO.528 OF 2025 pursuant to the same the Deputy Director of Land Records, Bengaluru being a Court Commissioner filed report. On perusal of the averments made in the petition, I am of the view that the disputed question of title and possession is to be adjudicated and therefore, it is for the petitioners to establish the same before the competent forum. It is needless to state that the report of Court Commissioner filed before this Court on 20th January, 2020 be considered as an aid for establishing the right of the petitioners over the property in question in the appropriate proceedings. Accordingly, as there is no error apparent on the face of the record, Review Petition is disposed of. 7. It is made clear that, as the petitioners had the benefit of interim order in Writ Petition No.42256 of 2019, the said order shall enure to the benefit of the petitioner for another sixty days from today. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 16