- 1 - HC-KAR NC: 2026:KHC:18599-DB WA No. 743 of 2025 C/W WA.CROB No. 2 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 743 OF 2025 (LR) C/W WA CROSS OBJECTION NO. 2 OF 2026(LR) IN WA No. 743/2025 BETWEEN: 1. YATHISH ADYANTHAYA, S/O DR. H.D.ADYANTHAYA, AGED ABOUT 64 YEARS, R/AT 'OMKAR' MANGALADEVI MARIGUDI, TEMPLE ROAD, BOLAR, MANGALURU - 575 001. 2. NAGAVENI SHETTY, W/O LATE MOHANDAS SHETTY, AGED ABOUT 75 YEARS, R/AT DOOR NO. 85-406, SUBBAIAH SHETTY HOUSE, KULUR FERRY ROAD, NEAR NEW CHITHRA TALKIES, ALAKE, MANGALURU - 575 003. 3. B. SUKHALATHA, W/O V.K.SHETTY, AGED ABOUT 85 YEARS, R/AT DOOR NO. 85-406, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18599-DB WA No. 743 of 2025 C/W WA.CROB No. 2 of 2026 SUBBAIAH SHETTY HOUSE, KULUR FERRY ROAD. NEAR NEW CHITHRA TALKIES, ALAKE MANGALURU - 575 003. 4. RUPA SHETTY, D/O RATHNAMANI SHETTY, AGED ABOUT 57 YEARS, R/AT NO. 1155, 4TH STREET APARTMENT 424, SAN FRANSCISCO,CA94158, UNITED STATES OF AMERICA. 5. MR. RANJITH SHETTY, S/O RATHNAMANI SHETTY, AGED ABOUT 53 YEARS, R/AT 54 DEBORAH SAMPSON ST SHARON SHARON MA 02067-2209 UNITED STATES OF AMERICA. APPELLANT NO.3 AND 5 ARE REPRESENTED BY THEIR G.P.A HOLDER 6TH APPELLANT MRS. CHITHRA SHETTY, D/O LATE RATHAMANI SHETTY, AGED ABOUT 55 YEARS, R/AT S41, HARMONY HOMES, 4/2 HENNUR MAIN ROAD, HRBR LAYOUT, NEXT TO HENNUR BUS DEPOT BENGALURU - 560 043. 6. MRS. CHITHRA SHETTY, D/O LATE RATHAMANI, SHETTY AGED ABOUT 55 YEARS, R/AT S41, HARMONY HOMES 4/2 HENNUR MAIN ROAD, HRBR LAYOUT, NEXT TO HENNUR BUS DEPOT, BENGALURU - 560 043. - 3 - HC-KAR NC: 2026:KHC:18599-DB WA No. 743 of 2025 C/W WA.CROB No. 2 of 2026 7. RAGHUVIR ADYANTHAYA, S/O DEVADAS ADYANTHAYA, AGED ABOUT 68 YEARS, R/AT DOOR NO. 204, RAJKAMAL APARTMENT, MANIPADA VILLAGE ROAD. OPP: VIDYANAGARI SANTACRUZ EAST MUMBAI - 400 098. 8. MADHUCHANDRA ADYANTHAYA, S/O LATE DEVADAS ADYANTHAYA, AGED ABOUT 61 YEARS, R/AT DOOR NO. 22-11-1480, VIJAYA VIHAR, BOLAR MAIN ROAD, NEAR SHADI MAHAL BOLAR, MANGALURU - 575 001. 9. MALAVIKA SHETTY, W/O KIRAN SHETTY, AGED ABOUT 57 YEARS, R/AT DOOR NO. 24-3-241/70, BLOCK 3, FLAT NO. 13 , TELECOM APARTMENT, KMC CROSS ROAD, ATTAVARA, MANGALURU - 575 001. …APPELLANTS (BY SRI. SHIVARAMA BHAT O., ADVOCATE) AND: 1. FRANCIL HERALD CRASTA, S/O LATE LEO CRASTA, MAJOR, R/AT NEAR INDUSTRIAL ESTATE, KONCHADI, MANGALURU - 575 008. 2. CYRIL VALERIAN CRASTA S/O LATE LEO CRASTA, - 4 - HC-KAR NC: 2026:KHC:18599-DB WA No. 743 of 2025 C/W WA.CROB No. 2 of 2026 MAJOR, R/AT NEAR INDUSTRIAL ESTATE, KONCHADI, MANGALURU - 575 008. 3. STELLA CRASTA, D/O LATE LEO CRASTA, MAJOR, R/AT NEAR INDUSTRIAL ESTATE, KONCHADI, MANGALURU - 575 008. 4. NIRMAL CRASTA, D/O LATE LEO CRASTA, MAJOR, R/AT NEAR INDUSTRIAL ESTATE, KONCHADI, MANGALURU - 575 008. 5. JECINTHA CRASTA, D/O LATE LEO CRASTA, MAJOR, R/AT NEAR INDUSTRIAL ESTATE, KONCHADI, MANGALURU - 575 008. 6. SMT. PUSHPALATHA R.ADYANTHAYA W/O H.R.ADYANTHAYA, AGED ABOUT 80 YEARS, R/AT FANCY MANZIL, II FLOOR, 23-A MATHAR PACADY, MAZAGAON MUMBAI - 400 010. 7. THE LAND TRIBUNAL, REPRESENTED BY ITS CHAIRMAN, MANGALORE TALUK, OFFICE MANGALORE - 575 001. - 5 - HC-KAR NC: 2026:KHC:18599-DB WA No. 743 of 2025 C/W WA.CROB No. 2 of 2026 8. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SUSHMITHA SURESH, ADVOCATE FOR R1, SRI. VISHWAJITH RAI AND ANANAYA RAI, ADVOCATE FOR R6, SRI. SUDEV HEGDE, AGA FOR R7 & R8) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED:07.04.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No.9852/2025 BY ALLOWING THIS WA AND THEREBY, ALLOW THE IMPLEADING APPLICATION FILED UNDER ORDER 1 RULE 10 CPC FILED BY THE APPELLANTS IN L.R.T No-945/1980-81 WITH COSTS THROUGH OUT AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY. IN WA.CROB NO. 2/2026 BETWEEN: FRANCIL HERALD CRASTA, S/O LATE LEO CRASTA, AGED ABOUT 72 YEARS, RESIDING NEAR INDUSTRIAL ESTATE, KONCHADI, MANGALURU - 575 008. ...CROSS OBJECTOR (BY SRI. SUSHMITHA SURESH, ADVOCATE) - 6 - HC-KAR NC: 2026:KHC:18599-DB WA No. 743 of 2025 C/W WA.CROB No. 2 of 2026 AND: 1. YATHISH ADYANTHAYA, S/O DR. H.D.ADYANTHAYA, AGED ABOUT 64 YEARS, RESIDING AT 'OMKAR', MANGALADEVI MARIGUDI TEMPLE ROAD, BOLAR, MANGALURU - 575 001. 2. NAGAVENI SHETTY, W/O LATE MOHANDAS SHETTY, AGED ABOUT 75 YEARS, R/AT DOOR NO. 85-406, SUBBAIAH SHETTY HOUSE, KULUR FERRY ROAD, NEAR NEW CHITHRA TALKIES, ALAKE, MANGALURU - 575 003. 3. B. SUKHALATHA, W/O V.K.SHETTY, AGED ABOUT 85 YEARS, R/AT DOOR NO. 85-406, SUBBAIAH SHETTY HOUSE, KULUR FERRY ROAD. NEAR NEW CHITHRA TALKIES, ALAKE MANGALURU - 575 003. 4. RUPA SHETTY, D/O RATHNAMANI SHETTY, AGED ABOUT 57 YEARS, R/AT NO. 1155, 4TH STREET APARTMENT 424, SAN FRANSCISCO,CA94158, UNITED STATES OF AMERICA. 5. MR. RANJITH SHETTY, S/O RATHNAMANI SHETTY, AGED ABOUT 53 YEARS, R/AT 54 DEBORAH SAMPSON ST SHARON SHARON MA 02067-2209 UNITED STATES OF AMERICA. - 7 - HC-KAR NC: 2026:KHC:18599-DB WA No. 743 of 2025 C/W WA.CROB No. 2 of 2026 APPELLANT NO.4 AND 5 ARE REPRESENTED BY THEIR G.P.A HOLDER 6TH APPELLANT MRS. CHITHRA SHETTY, D/O LATE RATHAMANI SHETTY, AGED ABOUT 55 YEARS, R/AT S41, HARMONY HOMES, 4/2 HENNUR MAIN ROAD, HRBR LAYOUT, NEXT TO HENNUR BUS DEPOT BENGALURU - 560 043. 6. MRS. CHITHRA SHETTY, D/O LATE RATHAMANI, SHETTY AGED ABOUT 55 YEARS, R/AT S41, HARMONY HOMES 4/2 HENNUR MAIN ROAD, HRBR LAYOUT, NEXT TO HENNUR BUS DEPOT, BENGALURU - 560 043. 7. RAGHUVIR ADYANTHAYA, S/O DEVADAS ADYANTHAYA, AGED ABOUT 68 YEARS, R/AT DOOR NO. 204, RAJKAMAL APARTMENT, MANIPADA VILLAGE ROAD. OPP: VIDYANAGARI SANTACRUZ EAST MUMBAI - 400 098. 8. MADHUCHANDRA ADYANTHAYA, S/O LATE DEVADAS ADYANTHAYA, AGED ABOUT 61 YEARS, R/AT DOOR NO. 22-11-1480, VIJAYA VIHAR, BOLAR MAIN ROAD, NEAR SHADI MAHAL BOLAR, MANGALURU - 575 001. 9. MALAVIKA SHETTY, W/O KIRAN SHETTY, AGED ABOUT 57 YEARS, - 8 - HC-KAR NC: 2026:KHC:18599-DB WA No. 743 of 2025 C/W WA.CROB No. 2 of 2026 R/AT DOOR NO. 24-3-241/70, BLOCK 3, FLAT NO. 13 , TELECOM APARTMENT, KMC CROSS ROAD, ATTAVARA, MANGALURU - 575 001. 10. PUSHAPALATHA R ADYATHAYA, W/O H.R. ADYANTHAYA, AGE ABOUT 80 YEARS, RESIDING AT FANCY MANZIL, II FLOOR 23-A MATHAR PACADY, MAZAGAON MUMBAI - 400 010. 11. THE LAND TRIBUNAL, REPRESENTED BY ITS CHAIRMAN, MANGALORE TALUK OFFICE, MANGALORE - 575 001. 12. THE STATE OF KARNATAKA, REPRESENTED BY, ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 13. CYRIL VALERIAN CRASTA, S/O LATE LEO CRASTA, MAJOR, RESIDING NEAR INDUSTRIAL ESTATE, KONCHADI, MANGALURU - 575 008. 14. STELLA CRASTA, D/O LATE LEO CRASTA, MAJOR, RESIDING NEAR INDUSTRIAL ESTATE. KONCHADI, MANGALURU - 575 008. - 9 - HC-KAR NC: 2026:KHC:18599-DB WA No. 743 of 2025 C/W WA.CROB No. 2 of 2026 15. NIRMAL CRASTA, D/O LATE LEO CRASTA, MAJOR, RESIDING NEAR INDUSTRIAL ESTATE, KONCHADI, MANGALURU - 575 008. 16. JECINTHA CRASTA, D/O LATE LEO CRASTA, MAJOR, RESIDING NEAR INDUSTRIAL ESTATE KONCHADI, MANGALURU - 575 008. ...RESPONDENTS (BY SRI. SHIVARAMA BHAT O., ADVOCATE FOR R1, R2, R3, R4 ,R5 ,R6, R7, R8, R9, SRI. M.N. SUDEV HEGDE, AGA FOR R11 AND R12) THIS WRIT APPEAL CROSS OBJECTION IS FILED UNDER ORDER XLI RULE 22 OF CPC,1908, PRAYING TO MODIFY THE ORDER DATED:07.04.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.9852/2025, INSOFAR RE-EXAMINING RESPONDENT No.6 IS CONCERNED WHICH IS AT ANNEXURE-A AND ETC. THESE APPEALS ARE COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF - 10 - HC-KAR NC: 2026:KHC:18599-DB WA No. 743 of 2025 C/W WA.CROB No. 2 of 2026 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal is filed impugning the judgment and award dated 07.04.2025 passed by the writ Court in WP.No.9852/2025. 2. The parties are referred to as per their ranking before the writ Court for the sake of convenience. 3. The petitioners/appellants have approached the writ Court, being aggrieved by rejection of their applications for impleadment before the Land Tribunal. 4. The Form No.7 was filed by a tenant Leo Crasta, in the year 1974, claiming occupancy rights in respect of several survey numbers including the land in question. According to Leo Crasta, Ramanna Guruva Shetty, Muthaya Shetty and Ramanna Shetty were the landowners of the lands in question. One Pushpalatha R. Adyanthaya was impleaded in the proceedings. The Land Tribunal had conferred occupancy rights on three - 11 - HC-KAR NC: 2026:KHC:18599-DB WA No. 743 of 2025 C/W WA.CROB No. 2 of 2026 occasions and the matter was remanded to the Land Tribunal on three occasions. So far as the rights of Pushpalatha were concerned, the matter were right upto the Hon'ble Supreme Court in Civil Appeal No.3928/2017. In all these years from 1974 onwards, it was only Pushpalatha who was contesting the application filed by the tenant and no other owners had come contesting the application filed by the tenant. The present petitioners after 50 long years had filed an application for impleadment, in the year 2024. The Land Tribunal had dismissed the application of impleadment filed on behalf of the petitioners to get themselves impleaded in the proceedings pending before the Land Tribunal. 5. The said order passed by the Land Tribunal came to be challenged before the Writ Court and the Writ Court has dismissed the writ petition with a finding that the order passed by the Land Tribunal did not call for any interference, as Pushpalatha, who is quite old has been directed to be examined by a Court Commissioner. - 12 - HC-KAR NC: 2026:KHC:18599-DB WA No. 743 of 2025 C/W WA.CROB No. 2 of 2026 6. We find no reason to interfere with the said direction also for examining Pushpalatha by a Court Commissioner and therefore, we uphold the impugned judgment and order passed by the learned Single Judge and dismiss this appeal as well as cross-objection. The Tribunal may also consider examining of Smt.Pushpalatha through virtual mode. In view of the dismissal of the appeal, pending I.A., if any, does not survive for consideration and the same is disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 17 ct-vn