- 1 - NC: 2025:KHC-D:6944-DB WA No. 100255 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 100255 OF 2021 (KLR-RR/SUR) BETWEEN: SMT. VISHALAKSHAMMA W/O SRINIVAS AGED ABOUT 45 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O JIRALKALGUDI, TQ. GANGAVATHI, DIST. KOPPAL. REPT. BY GPA HOLDER SRI. SRINIVAS S/O SUBBURAO R/O JIRALKALGUDI, TQ. GANGAVATHI, DIST. KOPPAL. …APPELLANT (BY SRI. K ANAND KUMAR, ADVOCATE) AND: 1. SIDDARAMAPPA S/O RACHAPPA BHAVIKATTI AGE. 78 YEARS, OCC. AGRICULTURE, R/O NEAR SRIGARI HOSPITAL ISLAMPUR, TQ. GANGAVATHI, DIST. KOPPAL-583231. 1.A MALLIKARJUNAPPA S/O SIDDARAMAPPA BHAVIKATTI, R/O. ISLAMPUR, TQ. GANGAVATHI, DIST. KOPPAL-583231. 1.B SHANTHAMURTHY S/O SIDDARAMAPPA BHAVIKATTI, R/O. ISLAMPUR, TQ. GANGAVATHI, DIST. KOPPAL-583231. 2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDING, BENGALURU-560001. 3. THE DEPUTY COMMISSIONER KOPPAL, DIST. KOPPAL 583231. 4. THE TAHSILDAR GANGAVATHI, TQ. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6944-DB WA No. 100255 of 2021 GANGAVATHI, DIST. KOPPAL-583227. 5. NADA TASILDHAR KANAKAGIRI, TQ. KOPPAL, DIST. 583283. 6. THE SURVEY OFFICER IN THE OFFICE OF THE TATHSILDAR, GANGAVATHI TQ., DIST. KOPPAL-583227. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R2 TO R6; SRI. P.S. MALIPATIL, ADVOCATE FOR R1(A) & R1(B)) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE JUDGMENT DATED 24.03.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NO.101164/2021, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present Intra-Court appeal is filed under Section 4 of the Karnataka High Court Act, 1961 calling in question the order dated 24.03.2021 passed in W.P.101164/2021. - 3 - NC: 2025:KHC-D:6944-DB WA No. 100255 of 2021 2. The appellant herein was not arrayed as party to the writ petition and pursuant to I.A.No.1/2022 being allowed by this Court by order dated 11.01.2023, appellant herein was permitted to prosecute the above writ appeal. 3. The primary contention urged by the appellant in the present writ appeal is that, the writ petitioner died on 17.03.2021 and as on the date of the final order dated 24.03.2021, the petitioner having been deceased, the said final order could not have been passed. It is further contended that the writ petition has been filed without making the appellant as party to the writ proceedings and orders are sought to be obtained behind the back of the appellant. 4. However, learned counsel Sri.P.S.Malipatil, appearing for the legal representatives of the first respondent who was the writ petitioner contends that the - 4 - NC: 2025:KHC-D:6944-DB WA No. 100255 of 2021 property of the appellant is different from the property of the writ petitioner. 5. Learned Additional Government Advocate Sri.V.S.Kalasurmath places the relevant facts on record. 6. It is forthcoming that there are various other litigations between the parties and this Court has also passed order dated 01.04.2025 dismissing W.P.No.146624/2020 filed by the appellant herein. 7. It is clear from the aforementioned that contesting parties seeks to urge various several contentions vis-à-vis their respective rights in immovable property. Further, as on the date of order passed by the learned Single Judge, the writ petitioner was dead. Hence, on the said sole ground, order dated 24.03.2021 passed by the learned Single Judge is liable to be set aside. 8. In view of the aforementioned, it is just and proper that the appellant also be arrayed as party to the writ petition so as to enable the appellant to put forth his - 5 - NC: 2025:KHC-D:6944-DB WA No. 100255 of 2021 contentions and to enable the Writ Court to adjudicate upon the writ petition. 9. Hence, the following: ORDER a) Writ appeal is allowed. b) The order dated 24.03.2021 in W.P.No.101164/2021 passed by the learned Single Judge is set aside. c) The legal representatives of the deceased respondent No.1 are permitted to file appropriate application in the writ petition to come on record as legal representatives of the deceased petitioner. d) The appellant herein shall be arrayed as respondent No.6 in the writ petition. - 6 - NC: 2025:KHC-D:6944-DB WA No. 100255 of 2021 e) Pursuant to the above, the writ petition shall be adjudicated upon on its merits, in accordance with law. f) All contentions of the parties are left open. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE NC LIST NO.: 1 SL NO.: 3