- 1 - HC-KAR CNR: KAHC010448862023 NC: 2026:KHC:45507 WP No. 19309 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.19309 OF 2023 (KLR-RES) BETWEEN: 1. WILMA JANET D'SOUZA, W/O WILLIAM ROBERT D'SOUZA, AGED ABOUT 44 YEARS, R/AT 1-40, KUTHETHUR, BAJAV POST, MANGALURU, DAKSHINA KANNADA DISTRICT 575030 …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUIDLING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560001 REP BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER BUNDER, DAKSHINA KANNADA DISTRICT, MANGALURU - 575001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010448862023 NC: 2026:KHC:45507 WP No. 19309 of 2023 3. THE ASSISTANT COMMISSIONER MANGALURU TALUK, MANGALURU, DAKSHINA KANNADA DISTRICT - 575001. 4. THE TAHSILDAR MANGALURU TALUK, MANGALURU, DAKSHINA KANNADA DISTRICT - 575001. 5. THE PANCHAYAT DEVELOPMENT OFFICER SOORINJE GRAMA PANCHAYAT, SOORINJE, MANGALURU, DAKSHINA KANNADA DISTRICT - 575030. 6. SOORINJE GRAM PANCHAYAT SOORINJE, MANGALURU, DAKSHINA KANNADA DISTRICT - 575030. REP BY ITS PRESIDENT. …RESPONDENTS (BY SRI. SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R4; SRI. K. CHANDRANATH ARIGA, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS DATED 04.07.2023 AND 11.07.2023 IN SO FAR AS NOT CONSIDERING THE APPLICATION FILED UNDER ORDER XLI RULE 5 OF CPC R/W SECTION 55(2) OF THE KARNATAKA LAND REVENUE ACT IN APPEAL NO.LND(1) - 3 - HC-KAR CNR: KAHC010448862023 NC: 2026:KHC:45507 WP No. 19309 of 2023 PDR.APPEAL 2/2023/B8 BY THE RESPONDENT NO.2 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The petitioner in this Writ Petition is assailing the orders dated 04.07.2023 and 11.07.2023 passed by respondent No.2 in case No.LND(1)PDR.APPEAL 02/2023/B8 as per Annexure-A to the Writ Petition. 3. Having heard the learned counsel appearing for the parties, taking into consideration the fact that the grievance of the petitioner is as to not considering the application filed under Order XLI Rule 5 of CPC read with Section 55(2) of the Karnataka Land Revenue Act, 1964 in respect of the impugned order in the pending appeal as per Annexure-A, I am of the view that, respondent No.2 shall conclude the entire matter - 4 - HC-KAR CNR: KAHC010448862023 NC: 2026:KHC:45507 WP No. 19309 of 2023 within a period of two months from the date of receipt of certified copy of this order. 4. In that view of the matter, in order to protect the interest of the petitioner, the interim order granted by this Court vide order dated 07.09.2023, shall continue to enure to the benefit of the petitioner, till the conclusion of the proceedings by respondent No.2. 5. With the above observation, the Writ Petition is disposed of. 6. Pending application if any, does not survive for consideration. SD/- (E.S.INDIRESH) JUDGE SAC List No.: 1 Sl No.: 23