- 1 - HC-KAR NC: 2025:KHC:27811-DB WA No. 1196 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1196 OF 2024 (KLR-RES) BETWEEN: SRI B K KORAGAPPA, S/O SRI B K RAMANNA, AGED ABOUT 63 YEARS, R/AT KATAKERI VILLAGE, MADIKERI, KODAGU DISTRICT-571 201. …APPELLANT (BY SRI NANDISH GOWDA G B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, REVENUE DEPARTMENT, M S BUILDING, DR B R AMBEDKAR BEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERI-571 201. 3. THE ASSISTANT COMMISSIONER, MADIKERI SUB DIVISION, MADIKERI-571 201. 4. THE TAHSILDAR, MADIKERI TALUK, MADIKERI-571 201. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27811-DB WA No. 1196 of 2024 5. SMT. B K NEELAMMA, W/O SRI B K RAMANNA, AGED ABOUT 75 YEARS, R/AT KATAKERI VILLAGE, MADIKERI TALUK, KODAGU DISTRICT-571 201. …RESPONDENTS (BY SRI K.S HARISH, GOVT. ADVOCATE FOR R-1 TO 4; SRI CHARAN KUMAR K.V, ADVOCATE FOR C/R-5) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) SET ASIDE THE IMPUGNED ORDER DATED 25.6.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE HIGH COURT OF KARNATAKA IN WP No. 15123/2024 (KLR-RES) ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 25.06.2024 passed by the learned Single Judge in WP.No.15123/2024 captioned Sri.B.K.Koragappa Vs. State of Karnataka and Others. 2. The learned Single Judge had dismissed the writ petition filed by the appellant on the ground that it - 3 - HC-KAR NC: 2025:KHC:27811-DB WA No. 1196 of 2024 involved disputed questions of fact regarding possession of the subject land. Undisputedly, the appellant had filed a suit OS.No.45/2013 before the Court of Civil Judge (Sr.Dn.), Madikeri against the 5th respondent and two others, seeking a decree of declaration and permanent injunction with regard to the land in question. The said suit was dismissed by the judgment and decree dated 09.07.2020. The appellant preferred an appeal before the District and Sessions Judge, Madikeri (RA.No.17/2017-18) which is pending consideration. 3. While the matter is before the concerned Court, the appellant also moved the concerned authorities claiming possession on the subject land. Since dispute inter se the appellant and respondent No.5 had not attained finality, the learned Single Judge found that the petition could not be entertained as it involved disputed serious question of fact with regard to possession of the subject land. - 4 - HC-KAR NC: 2025:KHC:27811-DB WA No. 1196 of 2024 4. We find no infirmity to the said view. The appeal is accordingly disposed of, while reserving rights to the appellants to apply afresh after the question of possession of the subject land has been finally determined. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 14