- 1 - HC-KAR NC: 2025:KHC:43709 RP No. 306 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REVIEW PETITION NO. 306 OF 2025 BETWEEN: GOKUL NARNE SON OF LATE COL. RANGA RAO NARNE (RETD), AGED ABOUT 51 YEARS, RESIDING AT 86, GUNROCK ENCLAVE, SECUNDERABAD, TELANGANA - 500 009. …PETITIONER (BY SRI. T. SURYANARAYANA, SENIOR ADVOCATE FOR SRI. NITIN PRASAD, ADVOCATE) AND: D.L. RAMANATH SINCE DECEASED BY HIS LRS 1. MANJULA B.P AGED 74 YEARS, WIFE OF D.L. RAMANATH, RESIDING AT NO.9, HANUMANTHAGOWDA ROAD, BANGALORE - 560 057. D.L. ANAND SINCE DECEASED BY HIS L.R. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43709 RP No. 306 of 2025 2. B.A.VIKAS SON OF D.L. ANAND, AGED ABOUT 46 YEARS, R/O NO.733, 6TH MAIN B ROAD, SRINAGAR, BANGALORE - 560 050. D.L. VSANTHAMMA SINCE DECEASED BY HER L.R. 3. R.V.JAYARAJ S/O. D.L. VASANTHAMMA, AGED MAJOR, NO.738, 10TH MAIN, BASAVESHWARANAGAR, BANGALORE - 560 079. 4. D.L. VIJAYALAKSHMI, WIFE OF Y. RAJASHEKAR, AGED ABOUT 52 YEARS, NO.103, 13TH MAIN, MUNESHWARA BLOCK, BANGALORE - 560 026. V. SUSHEELA D/O. D.L. VISHWANATH SINCE DECASED 5. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001. 6. THE LAND TRIBUNAL, DODDABALLAPUR TALUK, - 3 - HC-KAR NC: 2025:KHC:43709 RP No. 306 of 2025 DODDABALLAPUR - 561 203. REPRESENTED BY ITS SECRETARY, M. SIDDAPPA SINCE DECEASED BY HIS LR 7. SMT. PILLAMMA W/O LATE SIDDAPPA, AGED MAJOR, R/O BEHIND KONGADIYAPPA COLLEGE, DODDABALLAPURA - 561 203, BANGALORE DISTRICT. SIDDAPPA SINCE DECEASED BY LR 8. SMT. MUNIRATHNAMMA W/O. LATE SIDDAPPA, AGED MAJOR, R/O BEHIND KONGADIYAPPA COLLEGE, DODDABALLAPURA TOWN, BANGALORE DISTRICT - 561 203. 9. NAZIR AHMED S/O ABDUL KHUDDUS, AGED MAJOR, PETTY SHOP KEEPER, R/O DODDBALLAPUR TOWN, BANGALORE DISTRICT - 561 203. 10. VENKATESHAMAPPA S/O NANJAPPA, AGED MAJOR, OCC: AGRICULTURIST, R/O MALLATHAHALLI, KASABA HOBLI, - 4 - HC-KAR NC: 2025:KHC:43709 RP No. 306 of 2025 DODDABALLAPUR TALUK, BANGALORE DISTRICT - 561 203. CHINNAPPANNA SINCE DEAD BY LRS 11. LAXMINARAYAN, S/O LATE CHINNAPPANNA AGED MAJOR 12. PUNDURANGAPPA, S/O.LATE CHINNAPPANNA AGED MAJOR BOTH ARE RESIDENT OF TALUK OFFICE ROAD, KACHERIPALLY, BEHIND POLICE QUARTERS, DODDABALLAPUR, BANGALORE DISTRICT - 561 203. B.C. NARASAPPA SINCE DEAD BY LRS 13. SMT. SAVODAMMA, W/O. LATE B.C. NARASAPPA, AGED MAJOR, R/O. BEHIND VENKATANARAYANA SWAMY TEMPLE DODDABALLAPUR TOWN BANGALORE DISTRICT - 561 203. NARASAPPA @ CHIKKAPILLANNA SINCE DEAD BY LRs 14. SMT. NAGAMMA, W/O LATE NARASAPPA @ CHIKKAPILLANNA, AGED MAJOR, - 5 - HC-KAR NC: 2025:KHC:43709 RP No. 306 of 2025 R/O. BEHIND VENKATANARAYANASWAMY TEMPLE, DODDABALLAPUR TOWN BANGALORE DISTRICT - 561 203. 15. C. CHANDRASHEKAR, S/O. LATE NARASAPPA @ CHIKKAPILLANNA, AGED MAJOR, R/O. BEHIND VENKATANARAYANASWAMY TEMPLE, DODDABALLAPUR TOWN BANGALORE DISTRICT - 561 203. 16. VENKATASHAMAPPA, S/O. KEMPAIAH, AGED MAJOR, R/O CAR STREET, BEHIND VENKATANARAYANASWAMY TEMPLE, DODDABALLAPUR TOWN, BANGALORE DISTRICT - 561 203. …RESPONDENTS (BY SRI. NEELAKANTAPPA K. PUJAR, HCGP FOR R5 AND R6) THIS RP IS FILED U/S 114 R/W ORDER 47 RULE 1 OF CPC, PRAYING TO CALL FOR THE RECORDS IN WP NO.42132/1995 (KLRA) ON THE FILE OF THIS HONBLE COURT AND REVIEW THE ORDER DATED 02.08.2007 PASSED THEREIN. (ANNEXURE A).CONSEQUENTLY, RESTORE WP NO.42132/1995 TO FILE AND HEAR AND DISPOSE `OF THE SAME ON MERITS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:43709 RP No. 306 of 2025 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER Learned Additional Government Advocate is directed to take notice for respondents No.5 and 6. 2. Heard Sri T.Suryanayana, learned Senior Counsel for Sri Nitin Prasad, learned counsel appearing for petitioner and Sri Neelakantappa K.Pujar, learned HCGP for respondent Nos.5 and 6. 3. This review petition is directed against the order passed in W.P.No.42132/1995 by the Co-ordinate Bench of this Court dated 02.08.2007 whereby, the Co-ordinate Bench of this Court has remanded the matter back to the Land Tribunal for fresh disposal in accordance with law, with a direction that the petitioners in the writ petition i.e., respondent Nos.1 to 4 herein shall be notified and heard by the Tribunal. - 7 - HC-KAR NC: 2025:KHC:43709 RP No. 306 of 2025 4. There is delay of 5811 days in filing this review petition. The learned counsel for the petitioner has filed I.A.No.2/2025 for condoning the said delay. 5. It is contended that the review petitioner is not a party to the proceedings before this Court in Writ Petition and his vendor i.e., respondent Nos.6 and 7 in the writ petition were not informed about the proceedings. As such, after remand, he came to know about the proceedings before the Tribunal only in October 2024 and thereafter, he obtained necessary documents and filed this review petition. During that course, delay has caused. 6. Further, it is contended that respondent Nos. 1 to 4 filed the writ petition by suppressing the material facts that they were not notified before the Tribunal in the earlier proceedings. By emphasizing on document No.D10 a letter dated 19.01.1977, postal acknowledgement and order sheet entries, learned counsel for the review petitioner submits that the petitioners in the writ petition - 8 - HC-KAR NC: 2025:KHC:43709 RP No. 306 of 2025 themselves filed an application before the Land Tribunal seeking time to enter his appearance before the Land Tribunal. As such, it is clear that they were aware about the proceedings before the Tribunal and despite they filed the writ petition by suppressing the said aspect. Therefore, due to the fraud committed by the respondent Nos.1 to 4 herein, the further proceeding vitiates. Hence, the order passed by the Co-ordinate Bench of this Court in W.P.42132/1993 requires to be reviewed. 7. I have carefully perused the reasons assigned in the affidavit accompanied to I.A.2/2025 for condonation of delay, so also the other materials placed before me. As could be gathered from records, this Court in W.P.No.42132/1995 dated 02.08.2007 without delving into the merits of the case remanded the matter to the Land Tribunal for fresh disposal by reserving liberty to the petitioners and respondents to urge their contentions before the Tribunal. Thereafter, the proceedings are pending before the Tribunal in LRF No.873/75-76. - 9 - HC-KAR NC: 2025:KHC:43709 RP No. 306 of 2025 8. Learned Senior Counsel for the review petitioner submits that the review petitioner has entered appearance in the said proceedings before the Land Tribunal. If that is so, review petitioner is at liberty to urge all his contentions before the Tribunal. Hence, this Review Petition does not survive for consideration both on delay as well on merits. Accordingly, the same is dismissed. Pending I.As., if any, are also disposed of. Sd/- (RAJESH RAI K) JUDGE PSJ List No.: 1 Sl No.: 2 CT-SG