- 1 - HC-KAR NC: 2026:KHC-D:124 WP No. 86112 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 86112 OF 2013 (KLR-RES) BETWEEN: 1. SHIVAMURTHEPPA S/O. PARAPPA KALLI, AGE: 58 YEARS, CC: AGRICULTURE, R/O: KANAVI, TQ AND DIST: GADAG. 2. KALYANAPPA S/O. PARAPPA KALLI, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: KANAVI, TQ AND DIST: GADAG. 3. RATNAVVA W/O. GANGAPPA NARAGUND, SINCE DECEASED THROUGH HER LR’s, GIRIJAVVA P.KENCHANNAVAR, AGE: 25 YEARS, OCC: HOUSEHOLD WORK, R/O: KOLIWAD, TQ: HUBLI, DIST: DHARWAD. …PETITIONERS (BY SRI. H.N.GULARADDI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER GADAG, DIST: GADAG. 2. THE ASSISTANT COMMISSIONER GADAG, DIST: GADAG. 3. THE TAHASILDAR GADAG, DIST: GADAG. 4. GANGAVVA W/O. HANUMAPPA HULLUR, AGE: 75 YEARS, OCC: HOUSEHOLD WORK, R/O: ADAVISOMAPUR, TQ AND DIST: GADAG. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.20 15:21:16 +0530 - 2 - HC-KAR NC: 2026:KHC-D:124 WP No. 86112 of 2013 5. IRAPPA S/O. HANUMAPPA HULLUR, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: ADAVISOMAPUR, TQ AND DIST: GADAG. 6. CHANNAPPA S/O. HANUMAPPA HULLUR, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: ADAVISOMAPUR, TQ AND DIST: GADAG. 7. MUDAKAPPA S/O. HANUMAPPA HULLUR, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: ADAVISOMAPUR, TQ AND DIST: GADAG. 8. NINGAPPA S/O. HANUMAPPA HULLUR, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: ADAVISOMAPUR, TQ AND DIST: GADAG. 9. VASAPPA S/O. HANUMAPPA HULLUR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: ADAVISOMAPUR, TQ AND DIST: GADAG. 10. DEVAKKA W/O. HANUMANTAPPA CHINCHALI, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O: HARLAPUR, TQ AND DIST: GADAG. 11. IRAVVA W/O. YALLAPPA HADDANNAVAR, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O: ADAVISOMAPUR, TQ AND DIST: GADAG. 12. GIRIJAWWA @ RENUKA W/O. SHANMUKAPPA CHINCHALI, AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O: DYAMPUR, TQ: YELBURGA, DIST: KOPPAL. 13. GULAPPA S/O. HANUMAPPA INGALAGI AGE: 45 YEARS, OCC: AGRICULTURE, R/O. MYAGERI ONI, SHIRAHATTI, - 3 - HC-KAR NC: 2026:KHC-D:124 WP No. 86112 of 2013 TQ: SHIRAHATTI, DIST: GADAG. 14. SHANKRAVVA W/O. HANUMANTHAPPA INGALAGI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. MYAGERI ONI, SHIRAHATTI, TQ: SHIRAHATTI, DIST: GADAG. 15. ASHOK S/O. HANUMANTHAPPA INGALAGI AGE: 40 YEARS, OCC: AGRICULTURE, R/O. MYAGERI ONI, SHIRAHATTI, TQ: SHIRAHATTI, DIST: GADAG. 16. BASAPPA S/O. HANUMANTHAPPA INGALAGI AGE: 35 YEARS, OCC: AGRICULTURE, R/O. MYAGERI ONI, SHIRAHATTI, TQ: SHIRAHATTI, DIST: GADAG. 17. GIRIJAWWA W/O. PARASAPPA KENCHANNAVAR AGE: 32 YEARS, OCC: AGRICULTURE R/O. BENAHALLI, TQ: SAVANUR, DIST: HAVERI. 18. PARAVVA W/O. PARAPPA BOLANAVAR AGE: 62 YEARS, OCC: AGRICULTURE, R/O. MULGUND, TQ: AND DIST: GADAG. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R3; SMT. POOJA S.KULKARNI, ADVOCATE FOR SRI. DINESH M.KULKARNI, ADVOCATE FOR R5 TO R12; VIDE ORDER DATED 27.11.2017, PETITION AGAINST RESPONDENT NO.4 IS ABATED; NOTICE TO R13 TO R18 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT AND QUASH THE ORDER PASSED BY THE RESPONDENT NO.1 IN RTS/RA/SR-02/2013-14 DATED 28/08/2013 PRODUCED AT ANNEXURE-C AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 4 - HC-KAR NC: 2026:KHC-D:124 WP No. 86112 of 2013 ORAL ORDER The petitioners have called in question the order passed by respondent No.1-Deputy Commissioner dated 28.08.2013 (Annexure-C), whereby the revenue entries were directed to be continued subject to the final outcome of S.L.A.(Civil)No.14398-14399/2002. 2. Heard learned counsel appearing for the petitioners, the Additional Government Advocate appearing for respondent Nos.1 to 3 and learned counsel appearing for respondent Nos.5 to 12. 3. The facts which are not in dispute disclose that respondent Nos.4 to 12 filed O.S.No.133/1982 for specific performance of an agreement of sale dated 15.10.1981 executed by Parappa Kalli, the father of the petitioners simultaneously the petitioners filed O.S.No.136/1982 seeking partition. - 5 - HC-KAR NC: 2026:KHC-D:124 WP No. 86112 of 2013 4. The suit O.S.No.133/1982 filed by respondent Nos.4 to 12 came to be decreed, whereas O.S.No.136/1982 filed by petitioners came to be dismissed. 5. The petitioners carried the matter in regular appeals by filing R.A.Nos.55 and 56 of 1995. The said appeals were dismissed. 6. Aggrieved by which, the petitioners preferred RSA Nos.63 and 64 of 1999 before this Court. This Court allowed the second appeals, granted alternative relief and directed refund of earnest money. 7. Being aggrieved respondent 4 to 12 preferred appeals before the Apex Court in Civil Appeal.No.411/2004 and Civil Appeal No.412/2004. The Apex Court by its judgment dated 21.08.2015, partly allowed the Civil Appeal No.411/2004 and decreed suit in O.S.No.133/1982 to the extent of 1/3rd share of Parappa Kalli, while Civil Appeal No.412/2004 came to be dismissed. - 6 - HC-KAR NC: 2026:KHC-D:124 WP No. 86112 of 2013 8. In view of the final adjudication in Civil Appeals, the foundation in which the Deputy Commissioner directed the revenue entries to be kept subject to the outcome of the special leave appeal no longer survives. 9. Consequently, the impugned order dated 28.08.2013 requires modification to bring the revenue records in consonance with the judgment of the Apex Court. Accordingly, the following: ORDER i. The writ petition stands disposed of. ii. Respondent Nos.1 to 3 are directed to effect appropriate entries in the revenue records in respect of the lands in question in terms of the judgment dated 21.08.2015 passed by the Apex Court in Civil Appeal No.411 of 2004, by recording the names of the petitioners to the extent of 1/3rd share, in accordance with law. Sd/- JUSTICE K.S.HEMALEKHA EM: Ct:VH:List No.: 1 Sl No.: 29