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2026 DAILYLAW 52444 (KAR)

YALLAPPA S/O. BHIMAPPA MADAR v. AMOGHASIDDH BASAPPA ARATAL

WP/105463/2014 · 2026-01-13

K S Hemalekha

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:387 WP No. 105463 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 105463 OF 2014 (KLR-RR/SUR) BETWEEN: 1. YALLAPPA S/O. BHIMAPPA MADAR AGE: 61 YEARS, OCC: AGRICULTURE, R/O. TELASANG, TQ: ATHANI, DIST: BELGAUM. 2. 2(A). SHETTEPPA S/O. BHIMAPPA MADAR SINCE DECEASED BY HIS LRs., BHIMAPPA SHETTEPPA MADAR AGE: 33 YEARS, OCC: AGRICULTURE, R/O. TELASANG, TQ: ATHANI, DIST: BELGAUM. 2(B). NINGAVVA D/O. SHETTEPPA MADAR AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O. TELASANG, TQ: ATHANI, DIST: BELGAUM. 3. SHRISHAIL S/O. SHIVANING MADAR AGE: 30 YEARS, OCC: AGRICULTURE R/O. TELASANG, TQ: ATHANI, DIST: BELGAUM. 4. RAMAPPA S/O. SHIVANING MADAR AGE: 28 YEARS, OCC: AGRICULTURE, R/O. TELASANG, TQ: ATHANI, DIST: BELGAUM. 5. KASAPPA S/O. SHIVANING MADAR AGE: 22 YEARS, OCC: AGRICULTURE, R/O. TELASANG, TQ: ATHANI, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.23 16:04:25 +0530 - 2 - HC-KAR NC: 2026:KHC-D:387 WP No. 105463 of 2014 DIST: BELGAUM. &PETITIONERS (BY SRI. S.B.DODDAGOUDAR, ADVOCATE FOR SRI. A.C.CHAKALABBI, ADVOCATE) AND: 1. AMOGHASIDDH BASAPPA ARATAL AGE: 30 YEARS, OCC: AGRICULTURE, R/O. TELASANG, TQ: ATHANI, DIST: BELGAUM. 2. KALAVATI D/O. BASAPPA ARATAL AGE: 48 YEARS, OCC: AGRICULTURE, R/O. TELASANG, TQ: ATHANI, DIST: BELGAUM. 3. THE ASSISTANT COMMISSIONER CHIKKODI, DIST: BELGAUM. &RESPONDENTS (BY SRI. M.R.SHINDE, ADVOCATE FOR R1 AND R2; SMT. NANDINI B.SOMAPUR, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ORDER DATED 14.06.2013 PASSED ON IA BY THE RESPONDENT NO.3 IN MISC/AP-99/2010- 11 (RTS/AP-35/13-14) MARKED AS ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:387 WP No. 105463 of 2014 ORAL ORDER The petitioners have called in question the order dated 14.06.2013 passed by respondent No.3 on the application filed under Section 5 of the Limitation Act, 1963 seeking condonation of the delay in preferring the appeal. 2. Learned counsel for the petitioners submit that the mutation entry bearing No.MR No.9699 in respect of the land bearing RS No.370 was based on a grant order in favour of petitioner No.1 and father of petitioner Nos.2(a) and 2(b). It is submitted that the said grant order has subsequently been set aide by the competent authority and challenge to the same is pending before this Court in separate writ petition. 3. In view of the grant order having been set aside, learned counsel submits that relief sought in the present writ petition does not survive and the writ petition has become infructuous. A memo to that effect has been filed. - 4 - HC-KAR NC: 2026:KHC-D:387 WP No. 105463 of 2014 4. The memo is taken on record. 5. The writ petition is dismissed as having become infructuous. Sd/- JUSTICE K.S.HEMALEKHA PJ/Ct:VH List No.: 1 Sl No.: 71