PRAKASH S/O RAMAPPA NAIK v. GOURAVVA W/O SUBHASH NAIK
WA/100618/2023 · 2025-07-16
K V Aravind, R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85894 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85894 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:8808-DB WA No. 100618 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT APPEAL NO. 100618 OF 2023 (KLR-RR/SUR) BETWEEN:
RAMAPPA S/O. SHIVALINGAPPA NAIK, SINCE DECEASED BY HIS LEGAL REPRESENTATIVE
PRAKASH S/O. RAMAPPA NAIK AGE: 30 YEARS, OCC: AGRICULTURE, R/O: WARAD NO.2, NEAR ASANGI, TQ: RABAKAVI-BANAHATTI, DIST BAGALKOT-587313
…APPELLANT (BY SRI. PRASHANT S. HOSMANI, ADVOCATE)
AND:
1. GOURAVVA W/O. SUBHASH NAIK AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O: KULAHALLI, TQ: JAMKHANDI, DIST: BAGALKOT-587311.
2. GANAPATHI S/O. SUBHASH NAIK AGE: MAJOR, OCC: NIL, R/O: KULAHALLI, TQ: JAMKHANDI, DIST: BAGALKOT-587311
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-D:8808-DB WA No. 100618 of 2023
3.
SURESH S/O. SUBHAS NAIK AGE: MAJOR, OCC: AGRICULTURE, R/O: KULAHALLI, TQ: JAMKHANDI, DIST: BAGALKOT-587311.
4. TUNGAVVA W/O. BHIMAPPA LOKAPUR AGE: MAJOR, OCC: NIL, R/O: ASANGI, TQ: JAMKHANDI, DIST: BAGALKOT-587313.
5. KAMALAVVA W/O. SHIVALINGAPPA NAIK, AGE: MAJOR, OCC: NIL, R/O: KULAHALLI, TQ: JAMKHANDI, DIST: BAGALKOT-587311.
6.
KUMARI DANESHWARI D/O. SAGAREPPA KAMANI AGE: MAJOR, OCC: NIL, R/O: KULAHALLI, TQ: JAMKHANDI, DIST: BAGALKOT-587311.
7. GANGAVVA W/O. HANAMANT BALAMANASI, AGE: MAJOR, OCC: AGRICULTURE, R/O: KULAHALLI, TQ: JAMKHANDI, DIST: BAGALKOT-587311.
8.
THE DEPUTY COMMISSIONER BAGALKOT DISTRICT DISTRICT ADMINISTRATIVE BLOCK, NAVANAGAR, BAGALKOT-587101.
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HC-KAR NC: 2025:KHC-D:8808-DB WA No. 100618 of 2023
9.
THE ASSISTANT COMMISSIONER JAMKHANDI SUB-DIVISION, COURT COMPOUND, JAMKHANDI, DIST. BAGALKOT-587301.
10. THE TAHASILDAR RABAKAVI-BANHATTI, DIST: BAGALKOT-587311
11. THE REVENUE INSPECTOR TERDAL RABAKAVI-BANHATTI, DIST. BAGALKOT-587315.
…RESPONDENTS
(BY SRI. T. HANUMAREDDY, AGA FOR R8 TO R11;
SRI. PRASHANT S. KADADEVAR, ADV. FOR R3;
NOTICE TO R1, 2, 4, 5, 6 AND 7 ARE SERVED BUT UNREPRESENTED)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO SET ASIDE THE ORDER DATED 20.06.2022 IN W.P.NO.104163/2021 (KLR- RR/SUR) PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW THE WRIT PETITION FILED BY THE APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM:
THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND
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HC-KAR NC: 2025:KHC-D:8808-DB WA No. 100618 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
Learned counsel for the respondents has filed a memo dated 09.07.2025 along with copy of the compromise decree in O.S.No.143/2024. It is pointed out that the properties in question viz., a part of R.Sy.No.113/2 and R.Sy.No.247/1/2 has fallen to the share of respondent No.3 herein and a part of it has also fallen to the share of other parties. Nevertheless the learned Civil Judge and J.M.F.C., Banahatti has accepted the joint compromise petition and has decreed the suit in terms of the compromise petition. In that view of the matter, learned counsel for the respondents submits that the writ appeal does not survive for consideration. The rights of the parties have been determined in terms of the joint compromise petition and the persons entitled to their respective shares will also have the right to have the revenue entries made accordingly.
2.
Learned counsel for the appellant does not dispute the submission made by the learned counsel for the respondents.
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HC-KAR NC: 2025:KHC-D:8808-DB WA No. 100618 of 2023
3. Accordingly, the writ appeal stands disposed of reserving liberty to the parties to have their names entered in the revenue records in terms of the joint compromise petition and the decree drawn by the Civil Court in O.S.No.143/2024.
Sd/- (R.DEVDAS) JUDGE
Sd/- (K V ARAVIND) JUDGE
CLK CT:ANB List No.: 1 Sl No.: 16