- 1 - HC-KAR NC: 2026:KHC:12433-DB WA No. 534 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT APPEAL NO. 534 OF 2021 (LR) BETWEEN: 1. SRI RAMAKRISHNA PRASAD S/O LATE RAMACHANDRA PRASAD AGED ABOUT 76 YEARS 2. SRI T R VISHWANATH S/O LATE RAMACHANDRA PRASAD AGED ABOUT 74 YEARS 3. SRI R SOMASUNDARA PRASAD S/O LATE RAMACHANDRA PRASAD AGED ABOUT 62 YEARS 4. SRI T R ANANTHARAM PRASAD S/O LATE RAMACHANDRA PRASAD AGED ABOUT 56 YEARS APPELLANT NOS. 1 TO 4 ARE RESIDING AT HUTTURU HOBLI KOLAR TALUK KOLAR DISTRICT-563 127. …APPELLANTS (BY SRI. T N VISWANATHA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOLAR DISTRICT Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12433-DB WA No. 534 of 2021 KOLAR-563 101. 2. SRI GOPALASWAMY DEVASTHANA TAMBIHALLI VILLAGE REPTD. BY TAHASILDAR KOLAR TALUK-563 127. 3. SRI GURURAJ S/O LATE GOPINATHA MURTHY MAJOR 4. SMT. LAKSHMI D/O LATE GOPINATHA MURTHY MAJOR RESPONDENT NOS. 3 & 4 ARE RESIDING AT C/O T R ANANTHA MURTHY NO.411, 'JYOTHI NILAYA' GROUND FLOOR, 6TH CROSS GOKULA 1ST STAGE YESHVANTHAPURA BENGALURU-560 022. 5. SRI T R KRISHNA MURTHY S/O RAJARAMA RAO MAJOR RESIDING AT HUTTURU HUTTURU HOBLI, KOLAR TALUK KOLAR DISTRICT-563 127. 6. SRI ANIL KUMAR S/O RAJAMMA KRISHNAMURTHY MAJOR 7. SMT. SUJATHA D/O RAJAMMA KRISHNAMURTHY MAJOR RESPONDENT NOS. 6 & 7 ARE RESIDING AT NO.411 'JYOTHI NILAYA' GROUND FLOOR, 6TH CROSS - 3 - HC-KAR NC: 2026:KHC:12433-DB WA No. 534 of 2021 GOKULA, 1ST STAGE YESHVANTHAPURA BENGALURU-560 022. 8. SMT. LALITHAMMA D/O RAJARAMA RAO MAJOR RESIDING AT THAMBINAHALLI VILLAGE HUTTURU HOBLI KOLAR TALUK KOLAR DISTRICT-563 103. SMT. JAYAMMA SINCE DEAD BY LRS 9. SRI KRISHNAVENAMMA W/O LATE T R NARASIMHA MURTHY AGED ABOUT 72 YEARS. 10. SRI RAGHAVENDRA T N S/O LATE T R NARASIMHA MURTHY AGED ABOUT 53 YEARS 11. SRI SUDHEENDRA RAO T N S/O LATE T R NARASIMHA MURTHY AGED ABOUT 51 YEARS 12. SRI VIJAYENDRA RAO T N S/O LATE T R NARASIMHA MURTHY AGED ABOUT 48 YEARS 13. SRI T N ANIL KUMAR S/O LATE T R NARASIMHA MURTHY AGED ABOUT 45 YEARS 14. SRI MADHUSUDAN T N S/O LATE T R NARASIMHA MURTHY AGED ABOUT 42 YEARS RESPONDENT NOS. 9 TO 14 ARE RESIDING AT - 4 - HC-KAR NC: 2026:KHC:12433-DB WA No. 534 of 2021 NO.1172, 1ST CROSS OPP. TO RAMAKRISHNA FLOOR MILL SHARADA TALKIES ROAD KOLAR-563 102. 15. SMT. SUDHA D/O LATE T R NARASIMHA MURTHY AGED ABOUT 56 YEARS RESIDING AT NO. BEHIND ST.ANN'S SCHOOL P C LAOUT, KOLAR-563 101. …RESPONDENTS (BY SMT. RADHA RAMASWAMY, AGA FOR R1; SRI. ABHINAY Y T, ADVOCATE FOR R10 - R15) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL FOR THE RECORDS IN WRIT PETITION NO.3957/2021 AND THE IMPUGNED ORDER DTD. 12.03.2021 PASSED IN WRIT PETITION NO.3957/2021 ON THE FILE OF THIS HON'BLE COURT MAY BE SET ASIDE AND THIS WRIT APPEAL MAY BE ALLOWED WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 5 - HC-KAR NC: 2026:KHC:12433-DB WA No. 534 of 2021 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed assailing the correctness of the order dated 12.03.2021 passed in W.P.No.3957/2021. 2. Today, a joint memo is filed. Both the parties are present before the Court and they are duly identified by their respective counsel. The respondents, who are present in person have stated on a specific query that they have withdrawn their claim for tenancy on their own volition without any undue influence having been exercised on them. 3. Since the appellants' vendor has the benefit of a re-grant order under the provisions of the Mysore (Religious and Charitable) Inams Abolition Act, 1955 and the learned AGA appearing for the State has expressed no objection to the parties recording the compromise, we have carefully examined the records - 6 - HC-KAR NC: 2026:KHC:12433-DB WA No. 534 of 2021 to ascertain whether such a compromise can be permitted to be placed on record. 4. It is a trite law that if re-grant order is passed in favour of Inamdar, such re-grant would be subject to tenancy rights. In the present case on hand, the private respondents have withdrawn their application seeking registration of occupancy. Once tenancy claim is withdrawn a re-grant order in favour of the Inamdar has to be presumed to be absolute. 5. Upon perusal of the material available on record, we are satisfied that the lands in question had already been re-granted in favour of the vendors of the appellants. The contesting private respondents had asserted tenancy rights through their paternal grandmother under the appellants' vendor, who was the Inamdar. However, in view of the settlement now arrived at between the parties, the private respondents have withdrawn their claim of tenancy. - 7 - HC-KAR NC: 2026:KHC:12433-DB WA No. 534 of 2021 6. In these circumstances, particularly when the parties have amicably resolved their dispute and the private respondents have acknowledged that their grandmother was not a tenant in respect of the disputed lands, the foundation for the earlier controversy no longer survives. Once the claim of tenancy is withdrawn, and having regard to the fact that the appellants' vendor was the re-grantee of the lands as the Inamdar, we are of the considered view that the order passed by the learned Single Judge cannot be sustained and is liable to be set aside. 7. Respondents tenancy claim having been withdrawn, this is a lawful compromise and accordingly, admitted on record. 8. Accordingly, we proceed to pass the following: - 8 - HC-KAR NC: 2026:KHC:12433-DB WA No. 534 of 2021 (i) The writ appeal is disposed of in terms of the Joint Memo filed by the parties. (ii) Consequently, the order passed by the learned Single Judge dated 12.03.2021 in W.P. No. 3957/2021 is hereby set aside. (iii) The Joint Memo shall form part and parcel of the order. (iv) All pending interlocutory applications, if any, stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: Sl No.: