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2026 DAILYLAW 40068 (KAR)

SMT. SHIVAMMA v. SMT. MADAMMA

RP/551/2026 · 2026-09-11

E S Indiresh

Review Petitionbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010544472026 NC: 2026:KHC:49905 RP No. 551 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REVIEW PETITION NO.551 OF 2026 BETWEEN: 1. SMT. SHIVAMMA W/O LATE DESHI GOWDA @ DESHANNA AGED ABOUT 65 YEARS. 2. SRI. SHIVANNA D. D/O LATE DESHI GOWDA @ DESHANNA AGED ABOUT 51 YEARS. 3. SMT. BHAGYA D/O LATE DESHI GOWDA @ DESHANNA AGED ABOUT 49 YEARS. 4. SRI. NAGENDRA S/O LATE DESHI GOWDA @ DESHANNA AGED ABOUT 47 YEARS. 5. SRI. MANCHE GOWDA S/O LATE DESHI GOWDA @ DESHANNA AGED ABOUT 41 YEARS. 6. SRI. MAREGOWDA S/O LATE DESHI GOWDA @ DESHANNA AGED ABOUT 39 YEARS. 7. SRI. MAHADEVA S/O LATE NINGAIAH AGED ABOUT 70 YEARS. R/AT NO.2671, 3RD CROSS, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010544472026 NC: 2026:KHC:49905 RP No. 551 of 2026 K.G. KOPALLU, MYSURU-570017. 8. SMT. LAKSHMI W/O LATE SIDDALINGAIAH AGED ABOUT 47 YEARS. R/AT NO.2671, III CROSS, K.G. KOPALLU, MYSURU-570017. 9. SRI. NINGA S/O LATAE NINGAIAH AGED ABOUT 63 YEARS. R/AT NO.2671, III CROSS, K.G. KOPALLU, MYSURU-570017. 10. SRI. KRISHNA S/O NINGAIAH AGED ABOUT 55 YEARS. R/AT NO.2671, III CROSS, K.G. KOPALLU, MYSURU-570017. 11. SMT. VASANTHA W/O LATE PAPANNA AGED ABOUT 43 YEARS. R/AT NO.2671, III CROSS, K.G. KOPALLU, MYSURU-570017. 12. SRI. SHIVARAJU S/O NINGAIAH AGED ABOUT 45 YEARS R/AT NO.2671, III CROSS, K.G. KOPALLU, MYSURU-570017. …PETITIONERS (BY SRI. VIVEK REDDY, SENIOR COUNSEL FOR SRI. SUBBA REDDY K.N., ADVOCATE) - 3 - HC-KAR CNR: KAHC010544472026 NC: 2026:KHC:49905 RP No. 551 of 2026 AND: 1. SMT. MADAMMA W/O. LATE SRI. BORE GOWDA D/O. LATE SRI. MADE GOWDA AGED ABOUT 78 YEARS R/AT DABBAHALLI VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT-571 437. 2. SMT. DUNDAMMA W/O. LATE SRI. BORE GOWDA D/O. LATE MADE GOWDA AGED ABOUT 78 YEARS R/AT DABBAHALLI VILLAGE MALAVALLI TALUK, MANDYA DISTRICT-571 437. 3. SRI. MARI MADE GOWDA S/O LATE MADE GOWDA AGED ABOUT 68 YEARS. 4. SRI. GIRISH N.M. S/O. SRI. MARI MADE GOWDA AGED ABOUT 42 YEARS. 5. SMT. GEETHA M. D/O. SRI. MARI MADE GOWDA AGED ABOUT 40 YEARS 6. SRI. N.M. BASAVARAJU S/O. LATE MADE GOWDA AGED ABOUT 65 YEARS. 7. SRI. RAVI KEERTHI N. B. S/O. SRI. N.M. BASAVARAJU AGED ABOUT 38 YEARS. RESPONDENTS NO.3 TO 7 ARE ANETKAL VILLAGE - 4 - HC-KAR CNR: KAHC010544472026 NC: 2026:KHC:49905 RP No. 551 of 2026 MALAVALLI TALUK MANDYA DISTRICT - 571 437. 8. SRI. MAHESH D.M. S/O. SRI MAHADEVAIAH D.M. AND LATE SMT. MADAMMA AGED ABOUT 47 YEARS RESIDING AT NO.115/1 BIG STREET, BG PURA HOBLI MALAVALLI TALUK MANDYA-571 437. 9. MRS. JAYANTHI SUDHEER M. HINDU AGED ABOUT 57 YEARS W/O. MR. SUDHEER D/O. LATE MADE GOWDA RESIDING AT NO. 57, V 'A' MAIN GOKULAM, II STAGE MYSURU-570 002. 10. DEPUTY COMMISSIONER MYSURU DISTRICT DEPUTY COMMISSIONERS OFFICE COMPLEX GIRIBHOVI PALYA SIDDHARTHANAGAR MYSURU-570011. 11. THE SUPERINTENDENT OF POLICE MYSURU DISTRICT HYDER ALI ROAD KITTUR RANI CHANNAMMA CIRCLE, JALAPURI, MYSURU-570 019. 12. DEPUTY SUPERINTENDENT OF POLICE MYSURU DISTRICT HYDER ALI ROAD OPP CHAMUNDI VIHAR STADIUM - 5 - HC-KAR CNR: KAHC010544472026 NC: 2026:KHC:49905 RP No. 551 of 2026 JALAPURI MYSURU-570019. 13. ASSISTANT DIRECTOR OF LAND RECORDS MYSURU TALUK DISTRICT LEVEL OFFICERS COMPLEX NEAR THE DEPUTY COMMISSIONERS OFFICE SIDDHARTHA NAGAR MYSURU-570011. 14. THE TAHSILDAR MYSURU TALUK NAZARABAD, MYSURU MYSURU DISTRICT-570 010. …RESPONDENTS (BY SRI.B.S. SRINIVAS, ADVOCATE FOR R1 TO R9; SRI. SHAMANTH NAIK, AGA FOR R10 TO R14) THIS PETITION IS FILED UNDER SECTION 114 R/W ORDER XLVII RULE 1 OF CPC., PRAYING TO REVIEW THE IMPUGNED ORDER DATED 02.07.2026 PASSED IN WP NO.19140/2026 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR CNR: KAHC010544472026 NC: 2026:KHC:49905 RP No. 551 of 2026 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This Review Petition is filed by the petitioners seeking review of the order dated 02.07.2026 in W.P.No.19140/2026, as per Annexure-A to the Petition. 2. Heard Sri. Vivek Reddy, learned Senior Counsel appearing on behalf of Sri. K.N. Subba Reddy, learned counsel for the petitioners, Sri. B.S. Srinivas, learned counsel appearing for the respondent Nos.1 to 9 and Sri. Shamanth Naik, learned Additional Government Advocate appearing for respondent Nos.10 to 14. 3. Sri. Vivek Reddy, learned Senior Counsel contended that the review petitioners are the owner of the land in question to an extent of 9 acres in 3 bits of land bearing Sy.No.69 of Yedahalli Village, Jaypura Hobli, Mysuru Taluk and in this regard, learned Senior Counsel referred to the Judgment and Decree dated 16.04.2007 in O.S.Nos.423/95, 425/1995, 426/1995 and 32/1996, on the file of II Addl. Civil Judge (Sr.Dn.) and CJM, Mysore and further submitted that the - 7 - HC-KAR CNR: KAHC010544472026 NC: 2026:KHC:49905 RP No. 551 of 2026 Judgment and Decree passed by the Trial Court was confirmed in R.A.Nos.50 to 53 of 2007 before the First Appellate Court which was assailed before this Court in RSA No.453/2011 and connected appeals and the said appeals were dismissed by this Court, and thereafter, the same was confirmed by the Hon'ble Supreme Court in SLA(c) No.12008/2012 (Annexure-L) on 12.03.2019 and therefore, it is contended by the learned Senior Counsel appearing for the petitioners that the private respondents without arraying the petitioners herein are claiming right over the property belonging to the petitioners and accordingly sought to review the order dated 02.07.2026 passed in W.P.No.19140/2026. 4. Sri. B.S. Srinivas, learned counsel appearing for respondent Nos.1 to 9, submitted that the private respondents herein are not claiming entire extent of 9 acres in the said proceedings. Further it is contended by learned counsel for respondent Nos.1 to 9, that there is no error on the face of the record and this Court has directed to conduct survey and phodi in respect of the subject land in the Writ Petition and therefore, submitted that there is no need for reviewing the order dated - 8 - HC-KAR CNR: KAHC010544472026 NC: 2026:KHC:49905 RP No. 551 of 2026 02.07.2026 and accordingly sought for dismissal of the review petition. It is also contended by learned counsel for the respondent Nos.1 to 9, by referring to the Order dated 23.07.2026 in W.P.No.32476/2025 c/w W.P.No.32614/2025 that review petitioners have also sought for phodi and survey in respect of the land in question and accordingly this Court has directed the respondent-authorities to conduct phodi and durust in respect of the land in question within a period of six months from the date of filing of the online application and therefore, he contended that as the impugned order in the Review Petition would not come in the way for the review petitioners herein to get the phodi and durust in respect of the land in question and therefore, contended that the Review Petition requires to be dismissed. 5. Sri. Shamanth Naik, learned Additional Government Advocate appearing for respondent Nos.10 to 14, sought to justify the order at Annexure-A and submitted that there is no need for review of the order passed by this Court. 6. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration - 9 - HC-KAR CNR: KAHC010544472026 NC: 2026:KHC:49905 RP No. 551 of 2026 of the Review Petition, would indicate that the claim made by the petitioners herein is to an extent of 9 acres of land in Sy.No.69 of Yedahalli Taluk of Mysuru District. Perusal of the review petition would indicate that the review petitioners herein have filed suit in O.S.Nos.423/95, 425/1995, 426/1995 and 32/1996 and the said suits came to be decreed on 16.04.2007 by the II Addl. Civil Judge(Sr.Dn.) and CJM, Mysore and thereafter the said Judgment and Decree was confirmed in R.A.Nos.50 to 53 of 2007 before V Addl. District and Sessions Judge at Mysore and also by this Court in RSA Nos.453, 454, 455 and 456 of 2011. It is also not in dispute that, the said Judgment and Decree of the Trial Court was confirmed before the Hon'ble Supreme Court in SLA(c) No.12008/2012 by order dated 12.03.2019(Annexure-L). In that view of the matter, I am of the view that, there is no dispute as to title of the review petitioners in respect of 9 acres of land is concerned. 7. Taking into consideration the order dated 23.07.2026 passed in W.P.No.32476/2025 c/w W.P.No.32614/2025 filed by review petitioners herein, wherein this Court has directed the respondent-authorities to conduct phodi and durust in respect - 10 - HC-KAR CNR: KAHC010544472026 NC: 2026:KHC:49905 RP No. 551 of 2026 of the land belonging to the review petitioners within a period of six months, and on the other hand, the private respondents herein have filed W.P.No.19140/2026 wherein this Court, by order dated 02.07.2026 directed the respondent-authorities to conduct survey and phodi in respect of the subject land and accordingly date was fixed on 18.08.2026 as per two earlier orders passed by this Court which is culled out at para 3 of the order of this Court dated 02.07.2026 in W.P.No.19140/2026 as per Annexure-A to the Writ Petition. 8. Taking into consideration that land bearing Sy.No.69 of Yedahalli Village is a vast land and the review petitioners are claiming 9 acres of the land and on the other hand, private respondents herein are claiming right over 10 acres of land, and therefore, I am of the view that, in order to resolve the dispute between the parties, direction is hereby issued to the respondent No.13 with the assistance of respondent No.14 shall conduct survey in respect of the land in question on 28.10.2026 at 11.00 a.m. to identify and demarcate the land belonging to the petitioners to an extent of 9 acres in terms of the Judgment and Decree in O.S.Nos.423/95, 425/1995, 426/1995 and - 11 - HC-KAR CNR: KAHC010544472026 NC: 2026:KHC:49905 RP No. 551 of 2026 32/1996 dated 16.04.2007 as the said Judgment and Decree has reached finality having been confirmed by the Hon'ble Supreme Court and thereafter respondent-authorities are directed to survey the land belonging to private respondents herein according to their claim and thereafter demarcate the land belonging to the private respondents herein. 9. It is also made clear that it is open for the parties concerned to provide any additional documents if any, to enable the respondent-authorities i.e., respondent Nos.13 and 14 herein to take decision in the matter in accordance with law. 10. Accordingly, I pass the following: ORDER (i) The Review Petition is allowed. (ii) The order dated 02.07.2026 in W.P.No.19140/2026 is hereby set aside and W.P.No.19140/2026 is restored on file. (iii) In view of the observation made above, respondent Nos.13 and 14 herein, after conducting survey as mentioned above, are directed to file the report before this Court, through - 12 - HC-KAR CNR: KAHC010544472026 NC: 2026:KHC:49905 RP No. 551 of 2026 learned Additional Government Advocate appearing in W.P.No.19140/2026, on 05.11.2026. (iv) It is also open for the respondent Nos.13 and 14 to take photographs and videograph of the entire process of survey and make available to this Court on 05.11.2026. (v) Pending applications are disposed of as not surviving for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: Sl No.: