- 1 - HC-KAR NC: 2025:KHC:45985 WP No. 57925 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 57925 OF 2015 (LR) BETWEEN: 1. MR ABRAHAM CUTINHO S/O LATE KASHMIR CUTINHO, AGE: 67 YEARS, 2. MRS. CICILIA VERONICA SEQUEIRA D/O LATE KASHMIR CUTINHO, AGE: 66 YEARS, 3. MR. BAPTIST CUTINHO S/O LATE KASHMIR CUTINHO, AGE: 63 YEARS, 4. MR. JOHN CUTINHO S/O LATE KASHMIR CUTINHO, AGE: 63 YEARS, 5. MRS. HILDA SEQUEIRA D/O LATE KASHMIR CUTINHO, AGE: 60 YEARS, ALL ARE RESIDING AT "ALANGAR HOUSE", MUNDKUR POST, KARKAL TALUK, UDUPI DISTIRCT-576 121, THE PETITIONERS NO.1 TO 3 AND 5 ARE ALL REP. BY THEIR GPA HOLDER PETITIONER NO.4 MR. JOHN CUTINHO, …PETITIONERS (BY SRI. PRASANNA V.R, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45985 WP No. 57925 of 2015 AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPT. OF REVENUE, M.S. BUILDING, BANGALORE-01. 2. THE LAND TRIBUNAL KARKALA TALUK, REP. BY ITS CHAIRMAN, KARKALA, UDUPI DISTRICT-574 104. 3. SMT. SUSHEELA MOOLYEDI W/O LATE SIDDU MOOLYA, AGE: MAJOR, R/AT DOOR NO.6-93-1, ALANGAR HOUSE, MUNDKUR VILLAGE, KARKALA TALUK, UDUPI DISTRICT-576 121. SINCE DEAD BY HER LRS; 3(a) SMT. RATNA MOOLYADI AGED 58 YEARS W/O VASANTHA MOOLYA R/AT PUNCHADKA HOUSE BELMAN PANCHAYAT -POST KARKALA TALUK, UDUPI-576 111. 3(b) SMT JAYANTHI MOOLYADI AGED 56 YEARS W/O SHEKARA MOOLYA R/AT MADAKA HOUSE KOONDEL PANCHAYATH KATEEL POST, MANGALORE TALUK D.K. DISTRICT-574 148. 3(c) SMT. SUMATHI AGE:52 YEARS W/O VENKAPPA BANGERE - 3 - HC-KAR NC: 2025:KHC:45985 WP No. 57925 of 2015 RANNADI PALIKE HOUSE GARDAADI PANCHAYAT KUKKEDI POST, BELTHANGADI TALUK D.K. DISTRICT-574 242. 3(d) SRI. KESHAVA MOOLYA AGE:48 YEARS S/O SIDDU MOOLYA ALANGAR HOUSE, MUNDKUR POST KARKALA TALUK, UDUPI DISTRICT-576 121. 3(e) SMT. VIMALA AGE:45 YEARS W/O SUNDERA MOOLYA MUGGERLA BETTU HOUSE NITTE PANCHAYATH PARAPADI, KARKALA TALUK UDUPI DISTRICT-574 110. 3(f) SMT SAROJINI AGE:42 YEARS W/O NARAYANA BANGERA KAMBALA BETTU HOUSE THOKURU POST, HALEYANGADI MANGALURU TALUK D.K. DISTRICT-574 146 3(g) SMT. BHARATI AGE:32 YEARS D/O SIDDU MOOLYA ALANGAR HOUSE, MUNDKUR POST KARKALA TALUK, UDUPI DISTRICT-576 121. PRESENT CORRECT ADDRESS OF R-3(G) D.NO.126, 2ND CROSS SURABHI NAGAR, J.P.NAGAR, 8TH PHASE, BENGALURU-78 (AMENDED AS PER COURT ORDER DATED.10.04.2024) - 4 - HC-KAR NC: 2025:KHC:45985 WP No. 57925 of 2015 4. SMT. KUMARI SHEDTHI D/O LATE KAMALA SHEDTHI, AGE: MAJOR, R/AT NADIGUTTHU HOUSE, MUNDKUR VILLAGE, KARKALA TALUK, UDUPI DISTRICT-576 121 5. MR. REMY MAXIM CUTINHO GRAND SON OF LATE PIAD CUTINHO, AGE: MAJOR, ALANGAR HOUSE, MUNDKUR VILLAGE, KARKALA TALUK, UDUPI DISTRICT-576 121, 6. MR. PHILIP PINTO S/O LATE MRS. ANDREZA CARDOZA, AGE: MAJOR, 7. MRS. ALICE D' SOUZA D/O LATE MRS. ANDREZA CARDOZA, AGE: MAJOR, 8. MRS. MARIA CARDOZA D/O MRS. MAGADALINE, AGE: MAJOR, 9. MR. THOMAS CARDOZA S/O MRS. MAGADALINE, AGE: MAJOR, RESPONDENTS NO.6 TO 9 ARE ALL RESIDING AT ALANGAR HOUSE, MUNDKUR VILALGE, KARKALA TALUK, UDUPI DISTRICT-576 121. …RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1 & R2 PROPOSED R3(A) (B TO G) ARE SERVED BUT UNREPRESENTED, R4 TO R9 ARE SERVED BUT UNREPRESENTED) - 5 - HC-KAR NC: 2025:KHC:45985 WP No. 57925 of 2015 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER REVIEWING THE ORDER DTD:24.7.1998 IN WP NO.35411/1995 (LR) PASSED BY THIS HON'BLE COURT TRUE COPY OF WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER In this writ petition, the petitioners sought for an order of review in W.P.No.35411/1995 dated 24.07.1998, whereby this Court has allowed the writ petition and remitted the matter to the Land Tribunal to consider the application dated 28.08.1992 filed by the other tenants afresh after due notice to the land owners as also to the petitioners in the writ petition. 2. The grievance of the petitioners is that the predecessor of respondent Nos.6 to 9 one Antony D'mello is the writ petitioner in W.P.No.35411/1995, wherein the predecessor of the petitioners one late Kashmir Cutinho was not a party who died on 31.03.1993 and without impleading the petitioners who are the legal heirs of said Kashmir D'mello, the order passed in W.P.No.35411/1995 dated 24.07.1998. The occupancy right in respect of the subject land was granted in favour of the - 6 - HC-KAR NC: 2025:KHC:45985 WP No. 57925 of 2015 petitioners' father late Kashmir Cutinho on 26.11.1992 by the Land Tribunal. In view of the order passed in W.P.No.35411/1995, presently, respondent Nos.4 to 9 are disturbing the possession of the petitioners. 3. As could be gathered from records, after passing of the remand order in W.P.No.35411/1995, the proceedings before the Land Tribunal is pending in TRL No.1089/81-82, 1088/81-82, 1082/81-82 and 1091/81-82. Such being the position, if the petitioners are aggrieved by the order in W.P.No.35411/1995, they are at liberty to urge their contentions before the Land Tribunal. 4. With these observations, the writ petition is disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 35