- 1 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 58114 OF 2015 (LR-SEC) BETWEEN: SRI. HARISHCHANDRA BANGERA SINCE DEAD BY LR'S 1(A) SMT. LAKSHMI W/O HARISHCHANDRA BANGERA AGED ABOUT 60 YEARS R/AT NO.3-140/1, BALARAKODI BALIKE BETTU HOUSE BONDANTHILA, MANGALORE DAKSHINA KANNADA-575 029. 1(B) SMT. CHANCHALAKSHI D/O HARISHCHANDRA BANGERA AGED ABOUT 41 YEARS R/AT NO.3-10/B, ANCHAN HOUSE KELARAI BETTU KELAGINA THOTA VAMANJOOR MANGALORE, DAKSHINA KANNADA-575 028. 1(C) SMT. VISHALAKSHI B D/O HARISHCHANDRA BANGERA AGED ABOUT 39 YEARS R/AT NO.2-57, MANJA HOUSE, NIDDODI DAKSHINA KANNADA-574 227. 1(D) SRI NAGARAJ S/O HARISHCHANDRA BANGERA AGED ABOUT 36 YEARS R/AT NO.3-140/1 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 BALARAKODI, BONDANTHIAL DAKSHINA KANNADA-575 029. 1(E) SRI RAVIRAJ S/O HARISHCHANDRA BANGERA AGED ABOUT 33 YEARS R/AT NO.3-140/1 BALARAKODI, BONDANTHIAL DAKSHINA KANNADA-575 029. 2. SMT. SARASU W/O SANJEEV POOJARY AGED ABOUT 92 YEARS R/AT NO.3-237, BALARAKODI MAIN BONDANTHILA, MANGALURU DAKSHINA KANNADA-575 029. 3. SRI BALARAKODI KRISHNAPPA BANGERA S/O SANJEEV POOJARY AGED ABOUT 62 YEARS R/AT NO.3-237, BALARAKODI HOUSE BONDANTHILA, MANGALORE DAKSHINA KANNADA-575 029. 4. SMT. SULOCHANA D/O SANJEEV POOJARY AGED ABOUT 58 YEARS R/AT NO.1-119-2, KALLAKATTA HOUSE BOLIYAR VILLAGE AND POST MANGALORE, DAKSHINA KANNADA-574 153 5. SMT. THEJASHREE N, D/O LATE NARAYANA AGED ABOUT 28 YEARS, R/AT DOOR NO.2-151, PARANEERU, KODIMBADY POST PUTTUR, D.K-574 35. 6. SMT. BHARATI KISHORE KARKERA, W/O KISHORE KARKERA, - 3 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 AGED ABOUT 53 YEARS, R/AT NO.404, BUILDING NP.9В, SHOGUN CHS, R.C MARG, NEW MMRDA COLONY, VASHINAKA CHUMBUR, MUMBAI-400093. 7. SRI. NAGESH, S/O SANJEEVA POOJARY, AGED ABOUT 48 YEARS, R/AT NO.3-237, BALARAKODI HOUSE, BONDANTHILA, MANGALORE, DAKSHINA KANNADA-575 029. 8. SMT. SUMATHI, D/O SANJEEVA POOJARY, AGED ABOUT 47 YEARS R/AT DOOR NO.7-138, KURUVEMAR HOUSE, MALALI POST THENKULIPADY VILLAGE, DAKSHINA KANNADA-575 003. 9. SMT. BABY, D/O SANJEEVA POOJARY, AGED ABOUT 44 YEARS. R/AT DOOR NO.175, EDURUPADAVU, MOODUSHEDDE POST, THIRUVAIL, VAMANJOOR, DAKSHINA KANNADA-575 028. 10. SMT. NALINAKSHI, D/O SANJEEVA POOJARY, AGED ABOUT 43 YEARS R/AT DOOR NO.2-243, TALITHABETTU HOUSE, IRA VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA-574 232. 11. SRI. THUKARAMA S. POOJARY, S/O SANJEEVA POOJARY, - 4 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 R/AT NO.3-237, BALARAKODI HOUSE, BONDANTHILA, MANGALORE, DAKSHINA KANNADA-575 029. 12. SMT. VEDAVATHI, W/O DEVARAJ, AGED ABOUT 51 YEARS, R/AT DOOR NO.3-86/10, SHRI BHADRA KOPPALA HIUSE, JAPPINAMOGARU VILLAGE, MANGALURU, D.K-575 007. 13. SMT. ANURADHA JAYANTHA SUVARNA, W/O JAYANTH SUVARNA, AGED ABOUT 49 YEARS, R/AT NO.3-35/200, SHREE NILAYA, SANTHOSH NAGAR, NEAR RTO TESTING GROUND, MUDUSHEDDE, VAMANJOOR, DAKSHINA KANNADA-575 028. 14. MR. JAGADISH LAXMAN KOTIAN, S/O LAXMAN AND PADMAVATHI, AGED ABOUT 46 YEARS, R/AT 3-238, BALARA KODI MANE, BONDANTHILA, MANGALORE, DAKSHINA KANNADA-575 029. 15. SMT. LEELA, W/O LATE VENKAPPA, D/O THUNGAMMA, AGED ABOUT 67 YEARS, R/AT #6-126, SITE NO-206 6TH BLOCK KRISHNAPURA, MANGALORE, SURATHKAL, MANGALORE, DAKSHINA KANNADA-575 029. 16. SMT. PREMA, W/O MONAPPA POOJARY, D/O THUNGAMMA, AGED ABOUT 64 YEARS R/AT DOOR #1-28 - 5 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 DEVI NAGARA MASJID ROAD, KUNJATHBAIL MANGALORE, DAKSHINA KANNADA-575 029. 17. MR. S MADHAVA SUVARNA, S/O THUNGAMMA & DOGRA POOJARY, AGED ABOUT 61 YEARS, R/AT DOOR 6-14, SADOOR HOUSE POLALI ROAD THENKULIPADY ADDUR, MANGALORE, DAKSHINA KANNADA-575 029. 18. MR. THUKARAMA D POOJARY, S/O THUNGAMMA & DOGRA POOJARY, AGED ABOUT 54 YEARS, R/AT 8-41 SADOOR HOUSE, ADDOOR POST THENKALIPADY VILLAGE MANGALORE MANGALORE, DAKSHINA KANNADA-575 029. 19. SMT. CHETHANA, W/O M KRISHNAPPA POOJARY, D/O THUNGAMMA, AGED ABOUT 52 YEARS R/AT DOOR #1-43 VITTAL MUNDNOOR BANTWAL TALUK MARUVALA HOUSE VITTALAMUDNUR, MANGALORE, DAKSHINA KANNADA-575 029. 20. MR. SURENDRA D POOJARY, S/O THUNGAMMA & DOGRA POOJARY, AGED ABOUT 47 YEARS, R/AT DOOR 8-14, SADOOR HOUSE, ADDOOR POST, THENKULIPADY VILLAGE MANGALORE MANGALORE, DAKSHINA KANNADA-575 029. 21. SMT. PUSHPAVATHI, W/O DOMBAYYA POOJARY, D/O RAJEEVI, AGED ABOUT 60 YEARS, R/AT 2-38/A6, BELAKU GAMPA HOUSE PERARI, NEAR GULMOHAR FLAT, THIRUVAIL VILLAGE, - 6 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 VAMANJOOR POST, MANGALORE, MANGALORE, DAKSHINA KANNADA-575 029. 22. MR. SHEKHAR, S/O RAMPA POOJARY & RAJEEVI, AGED ABOUT 56 YEARS, R/AT # 3-169 BALARAKODI MANE, BONDATHILA, MANGALORE, DAKSHINA KANNADA -575 029. 23. MR. RUKMAYA, S/O RAMPA POOJARY & RAJEEVI, AGED ABOUT 52 YEARS, R/AT 3-238, BALARAKODI MANE BONDATHILA, MANGALORE, DAKSHINA KANNADA-575 029. 24. SMT. GEETHA, W/O THARANATH & D/O RAJEEVI, AGED ABOUT 50 YEARS, R/AT # 3-198/2 KATTINJA SITE NEERMARGA BONDATHILA POST, MANGALORE, DAKSHINA KANNADA-575 029. 25. SMT. REKHA, W/O HARIKRISHNA, D/O RAJEEVI, AGED ABOUT 42 YEARS, R/AT DOOR 11-32, SANKESHNABETTU HOUSE, KUKKATTE VILLAGE, MOGARU POST, MANGALORE, DAKSHINA KANNADA-575 029. 26. SMT. MEENAKSHI, D/O KORAGA POOJARY AGED ABOUT 72 YEARS, R/AT DOOR NO.4-248/B, BRAHMASHRI NARAYANAGURU NAGAR, KENJAR, PEJAVARA, DAKSHINA KANNADA. 27. SRI. VISHWANATH, S/O KORAGA POOJARY, - 7 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 AGED ABOUT 65 YEARS, R/AT DOOR NO. 3-236, BALARA KODI HOUSE, BONDATHILA, MANGALORE D.K DISTRICT. 28. SMT. LAKSHMI, W/O K R DEVAPPA, D/O KORAGA POOJARY, R/AT DOOR # 1900, 3RD CROSS K BLOCK, KUVEMPU NAGAR, MYSORE. 29. MR. SHANTHARAM, S/O KORAGAPPA POOJARY, AGED ABOUT 62 YEARS, R/AT DOOR NO. #355, BHAMSHREE YOGAMANDIRA, NIMISHAMBA NAGAR, MYSORE. …PETITIONERS (BY SMT. VEENA T.N., ADVOCATE FOR P1 (A TO E); PETITONER AND ALSO FOR PROPOSED APPLICANTS P2 TO P24 AND P25 TO P28) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE-575 001. 2. THE DEPUTY COMMISSIONER REPRESENTED BY HEAD QTR. ASSISTANTS, (SAKSHAMA PRADHIKARA) MANGALORE, DAKSHINA KANNADA-575 001. 3. SRI K. KRISHNA KARANTH AGED ABOUT 55 YEARS, S/O SUBBRAYA KARANTH, - 8 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 4. SRI K. ANANTHA KARANTH AGED ABOUT 53 YEARS, S/O SUBBRAYA KARANTH, RESPONDENT NOS.3 TO 4 ALL ARE R/AT KARANTH NIVAS, KUDUPU, KUDUPU GRAMA, MANGALORE, DAKSHINA KANNADA - 575 028. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1 AND R2; SRI O. SHIVARAM BHAT, ADVOCATE FOR R3 AND R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.11.2014 PASSED BY THE HON'BLE K.A.T IN APPEAL NO.418/2003 VIDE ANNEXURE-A, WHEREUNDER, THE ORDER DATED 05.10.2001 PASSED BY THE R-2 IN LRT.NO.7577/2000-2001 VIDE ANNEXURE-B WAS CONFIRMED AND CONSEQUENTLY REMIT THE MATTER TO THE R-2 AUTHORITY FOR RECONSIDERATION OF PETITIONERS APPLICATION IN FROM NO.7A FOR GRANT AFTER DUE ENQUIRY IN ACCORDANCE WITH LAW AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 9 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 ORAL ORDER 1. This writ petition is filed seeking following reliefs: "A. Issue a writ of certiorari quashing the order dated 20.11.2014 passed by the Hon'ble KAT in Appeal No.418/2003 vide ANNEXURE-A, whereunder, the order dated 05.10.2001 passed by the 2nd Respondent in LRT No.7577/2000-2001 vide ANNEXURE-B was confirmed and consequently remit the matter to the 2nd Respondent authority for reconsideration of petitioners application in From No.7A for grant after due enquiry in accordance with law, in the interest of justice and equity. B. Pass any other order or issue any direction or other writ that this court may deem fit in the facts and circumstances of the case." 2. Today, learned counsel for the petitioners and respondents 3 and 4 have filed a memorandum of compromise petition under Order XXIII Rule 3 of CPC read with Article 226 of the Constitution of India and submit that the parties have amicably settled their dispute with the intervention of family members and well wishers. The compromise petition reads as under: " MEMORANDUM OF COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 OF CIVIL PROCEDURE CODE R/W ARTICLE 226 OF THE CONSTITUTION OF INDIA. The Petitioners and Respondent No. 3 and 4 most Respectfully submits as follows: - 10 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 1. The dispute between the Petitioners and Respondent No. 3 and 4 is in respect of the tenancy claim of the following Survey Numbers situated at Bondanthila Village of Mangalore Taluk. Sl. No. Sy. No. Extent A-C Village Taluk 1 25/3 4-92 Bondanthila Mangalore 2 38/5 1-10 Bondanthila Mangalore 3 38/10 0-14 Bondanthila Mangalore 4 36/8 0-20 Bondanthila Mangalore 5 37/3 0-02 Bondanthila Mangalore 6 36/7 0-04 Bondanthila Mangalore 2. That the Petitioners and Respondent No.3 and 4 with the intervention of their respective elders and well-wishers have decided to settle the dispute amongst themselves on the following terms and conditions. 3. Out of the aforesaid survey numbers the Respondents No. 3 and 4 herein have agreed to give up their right in respect of Sy.No.25/3P1 measuring 24 Cents, Sy. No.25/3P3 measuring 1 Acre 16 Cents and Sy.No.38/5P measuring 01 Acre 10 Cents which are demarcated in two separate sketches. 4. The Respondent No. 3 and 4 have jointly agreed to retain Sy.No.25/3P2 measuring 3 Acres 37 Cents which are demarcated and shown in the Red colour in the annexed sketch for which Petitioners have agreed and they have given up their claim in respect of the said survey number. The Road passing through in Sy.No.25/3 specifically shown in the sketch No.I in which the Petitioners and the Respondent No. 3 and 4 have equal right to enjoy the same so as to enable them to reach their respective properties and the parties have mutually agreed that they will not disturb the road kept for common usage for Petitioners and Respondent No. 3 and 4. 5. Further, the Petitioners with the consent of their uncle Vishwanath Poojary, and sons of Late. Rajeevi namely Shekar Poojary and Rukmaiah Poojary shall provide alternative road, for the common usage of both the Petitioners and Respondent - 11 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 No.3 and 4 measuring a width of 13 Feet which will start and passing through Sy.No.38/5 and then pass through Sy.No.25/2 which is to be connected to Sy.No.25/3P2 which is separately shown in the annexed sketch No.II. 6. The Petitioners have no claim in respect of Sy.No.36/8 New No. 36/8P1 measuring 20 Cents of land as the same is not a tenanted land and it stands in the name of Rama Karanth, the grandfather of Respondent No. 3 and 4 and therefore, Respondent No. 3 and 4 are entitled to file an application with supportive documents the concerned revenue authority/Tasildar to make necessary changes in the R.T.C and other revenue records on the basis of this Compromise Petition. 7. It is also agreed between the Petitioners and Respondent No. 3 and 4 that, in so far as Sy.No.37/3 and Sy.No.36/7 measuring 2 Cents and 4 Cents are concerned, the same was the subject matter of the grant dated: 23/09/1981 by the Land Tribunal for which Respondent No. 3 and 4 have no claim whatsoever. 8. The Petitioners are withdrawing their claim in respect of Sy.No.38/10 measuring 14 cents of land as they are not concerned to the said survey number. 9. To identify the respective lands of the Petitioners and road portion a separate two sketches in which the land's of the Petitioners and the Respondent No. 3 and 4 are shown in 'green' and 'red' colour separately which shall be the part and parcel of this Compromise Petition. 10. The Petitioners and Respondent No. 3 and 4 are entitled to make necessary application before the concerned Tahsildar of the said Bondathila Village of Mangalore Taluk and the Tahsildar shall enter the respective name of the Petitioners and Respondent No.3 and 4 in the RTC to the extent mentioned in the Compromise Petition as well as in the Sketch No. 1 and 2. The copies of the respective GPA are also part of this compromise petition." 3. The compromise petition is accompanied with the sketch and also the GPA executed by petitioners 1(a) to 1(c) and petitioner Nos.26 to 29 in favour of petitioner - 12 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 No.1(d) and another GPA executed by petitioner Nos.2 to 10 and 12 to 25 in favour petitioner No.11 4. Perused the GPAs. The GPA holders and respondents 3 and 4, who are present in the Court and are identified by their respective counsel, submit that they have agreed to the terms of the compromise petition voluntarily and have accordingly signed the compromise petition. As such, the petition may be disposed of in terms of the compromise petition. 5. It is further submitted that the allotment of respective shares to the parties are marked in colour in the sketch annexed to the compromise petition and as such, the registry may be directed to issue colour certified copy of the sketch to facilitate identification of properties by the respective parties. 6. In view of the above, I pass the following: - 13 - HC-KAR NC: 2026:KHC:14620 WP No. 58114 of 2015 ORDER i) The writ petition is allowed in terms of the compromise petition. ii) The impugned order dated 05.10.2001 passed by the 2nd respondent in LRT.No.7577/2000-2001 vide Annexure-B, which was confirmed by the Karnataka Appellate Tribunal vide the order dated 20.11.2014 passed in Appeal No.418/2003 vide Annexure-A are modified in terms of the compromise petition. (iii) The Registry is directed to issue colour certified copy of the sketch annexed to the compromise petition. In view of the disposal of the petition, I.A.1/2025 stands disposed of. Sd/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 1