IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NOS.41229 OF 2017 & 30604 OF 2018 (KVOA) C/W WRIT PETITION NO.15452 OF 2015(KVOA) IN W.P.NOS.41229/2017 & 30604 OF 2018 BETWEEN:
1. A.N.NAREPPA, AGED ABOUT 56 YEARS, S/O NAGAPPA, 2. A.N.KADIRAPPA, AGED ABOUT 54 YEARS, S/O NAGAPPA, BOTH ARE RESIDING AT ARASANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK – 562 101.
... PETITIONERS (By Sri SHIVARAJU M.K., ADV ) AND 1. THE TAHSILDAR, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA – 562 101.
2. M.NARAYANAMMA, MAJOR, W/O SRI.MUNIVENKATAPPA, R/AT ARASANAHALLI VILLAGE, NANDI HOBLI, CHINTAMANI TALUK – 563 125.
... RESPONDENTS (By Sri M.MUNIGANGAPPA, HCGP FOR R1) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 08.01.2015 IN MA NO.3/2011 PASSED BY THE PRINCIPAL DISTRICT JUDGE, CHIKKABALLAPURA VIDE ANNEXURE – G IN RESPECT OF THE LAND BEARING SY.NO.2 MEASURING 1 ACRE 39½ GUNTAS AND SY.NO.34 MEASURING 29 GUNTAS BOTH ARE SITUATED AT ARASANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT CONSEQUENTLY.
IN W.P.NO.15452/2015 BETWEEN 1. MR.THIMMAIAH, S/O LATE DODDA CHINNAPPA, AGED ABOUT 61 YEARS, 2. MR.MURTHY @ NARASIMHA MURTHY, S/O LATE DODDA CHINNAPPA, AGED ABOUT 54 YEARS, 3. MR.KRISHNAPPA, S/O LATE DODDA CHINNAPPA, AGED ABOUT 51 YEARS, ALL ARE RESIDING AT ARASANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK – 562 101.
... PETITIONERS (By Sri J.R.JAGADISH, ADV) AND 1. SMT. M.NARAYANAMMA, W/O MUNIVENKATAPPA, AGED ABOUT 64 YEARS, 2. MR.A.N.NAREPPA, S/O NAGAPPA, AGED ABOUT 54 YEARS, 3. MR.A.N.KADIRAPPA, S/O NAGAPPA, AGED ABOUT 52 YEARS, 4. MR.NARASIMHAPPA, S/O LATE MUNIYAPPA, AGED ABOUT 70 YEARS, 5. MR.KADIRAPPA, S/O LATE MUNIYAPPA, AGED ABOUT 68 YEARS, 6. MR.A.N.MUNIYAPPA, S/O NAGAPPA, AGED ABOUT 74 YEARS, ALL ARE RESIDING AT ARASANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK – 562 101.
7. THE TAHASILDAR, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA – 562 101.
... RESPONDENTS (By Sri K.RAGHAVENDRA, ADV. FOR R1, R4 TO R6; Sri SHANTARADDI S MULIMANI, ADV. FOR R2 AND R3; Sri M.MUNIGANGAPPA, HCGP FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE JUDGMENT DATED 08.01.2015 PASSED IN M.A.NO.5/2011 BY THE HONBLE PRL. DISTRICT JUDGE AT CHIKKABALLAPURA VIDE ANNEXURE – A IN SO FAR AS IT RELATES TO SETTING ASIDE ORDER DATED 19.11.2010 PASSED IN H.O.A.:C.R.NO.3/2001-02 GIVING LIBERTY TO PURCHASERS TO GET THE KHATHA ENTERED IN THEIR NAMES BY VIRTUE OF SALE DEED DATED 20.09.1974 IS CONCERNED AND CONSEQUENTLY CONFIRM ORDER DATED 19.11.2010 PASSED IN H.O.A:C.R.:3/2001-02 BY THE R-7 VIDE ANNEXURE – G.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These two writ petitions are in challenge to the common judgment passed in M.A.Nos.3/2011 and 5/2011 on the file of Principal District Judge, Chickballapur where the appeal in M.A.No.3/2011 filed by petitioners 1 and 2 in W.P.No.41229/2017 is dismissed and appeal in M.A.No.5/2011 filed by Smt.M.Narayanamma who is the second respondent in W.P.No.41229/2017 and first respondent in W.P.No.15452/2015 is allowed recognizing her title to an extent of 50% of land in Sy.No.2 and Sy.No.34 of Arasanahalli village, Nandi Hobli, Chickballapur taluk and district.
2. Brief facts leading to these two writ petitions are as under:
Land bearing Sy.No.2 measuring 3 acres 39 guntas and Sy.No.34 measuring 1 acre 18 guntas of Arasanahalli village was Talavari grant in favour of one Nangappa. Admittedly , Nangappa had four sons by name 1) Dodda Narasappa 2) Chikka Nareppa, 3) Munishamappa, 4) Poojappa. It is stated that first son of Nangapa namely, Dodda Nareppa and last son Poojappa died issueless and there is no continuity of their branches. Therefore, remaining legal heirs in the family of Nangappa is his two sons namely, Chikka Nareppa and Munishamappa. They succeeded to aforesaid two items of land.
3. It is stated that the second son Chikka Nareppa had two sons by name Nagappa and Kadirappa. So far as third son Munishamappa is concerned, he had two sons by name Muniyappa and Nagappa. The undisputed facts are that the branch of Chikka Nareppa represented by his first son Nagappa and the son of second son Kadirappa namely, Muni Venkatappa together sold an extent of 1 acre in Sy.No.2 and 25 guntas in Sy.No.34 of Arasanahalli village to the father of petitioners in W.P.No.15452/2015 namely, Dodda Chinnappa, S/o Thimmaiah under registered sale deed dated 20.9.1974. With this what is remaining in the family is 2 acres 39 guntas in Sy.No.2 and 33 guntas in Sy.No.34.
4. It is for division of aforesaid remaining extent in the said properties, they approached the authorities by filing an application seeking re-grant of the said land in their favour which was decided on the file of Tahsildar in HOA CR No.3/2001-02 where while considering re- grant, the sale which was made by the family members was taken into consideration and remaining land was ordered to be registered in the name of the legal representatives of original propositus Nangappa, which order was subject matter of challenge before the District Court at Chickballapur in two appeals one in appeal filed by the petitioners in W.P.No.41229/2017 i.e., A.N.Nareppa and A.N.Kadirappa who are the sons of Nagappa one of the vendor under registered sale deed dated 20.9.1974 in challenging the order of Tahsildar with reference to the said sale deed being executed by him and khata being ordered to be registered in the name of purchaser.
5. Now coming to the appeal in M.A.5/2011 is concerned, the said appeal was by the widow of Munivenkatappa, one of the vendor under sale deed dated 20.9.1974 and her children again with reference to the very same order of the Tahsildar. When these two appeals are taken up by the District Court, the District Court by its common judgment dated 8.1.2015 allowed M.A.No.5/2011 setting aside the order dated 19.11.2010 with reference to registering of khata of the land in favour of the purchaser by virtue of sale deed dated 20.9.1974 and appeal of Narayanamma in seeking equal share in the said land is concerned, the same is considered and with reference to the claim of the appellants in M.A.No.3/2011 is concerned, it was ordered to be decided in a suit to be filed by them. The said order is under challenge in these two writ petitions.
6. Heard the learned counsel for the petitioners and as well as the contesting respondent namely Smt.Narayanamma and her children.
7. On going through the order impugned, it is clear that the said Talvari inam land was subject matter of division between the surviving sons of Nangappa namely, Chikka Nareppa and Munishamappa. Admittedly, the share of these two families is in the ratio of 50% in both survey numbers. With reference to land in Sy.No.34, an extent of 25 guntas and in Sy.No.2 an extent of 1 acre is sold by the brancher of Chikka Nareppa i.e, by his first son Nagappa and his second son Kadirappa under registered sale deed, which is not the subject matter of challenge by anybody and therefore, the same is not the subject matter of challenge in the appeals also.
8. Insofar as the order of the Tahsildar dated 19.11.2010 is concerned, it is clearly seen that the Tahsildar of Chickkaballapur has rightly considered the manner in which the said lands are required to be re- granted to the legal representatives of Chikka Nareppa and Munishamappa. While doing so, he also accepted the transaction in favour of purchaser Dodda Chinnappa S/o Thimmaiah, which is pursued by his children who are petitioners 1 to 3 in W.P.No.15452/2015 and the orders passed by him appears to be just and proper. In that view of the matter, this Court would set aside the judgment dated 8.1.2015 passed in M.A.Nos.3/2011 and 5/2011. While doing so, would accept that the share of Chikka Nareppa’s branch is 1 acre 19 ½ guntas in Sy.No.2 of Arasanahalli village and his branch would also get 29 guntas in Sy.No.34 of very same village. Incidentally, the said Chikka Nareppa’s branch having already sold 1 acre in Sy.No.2 what is remaining for them would be 39 ½ guntas in Sy.No.2 and so far as Sy.No.34 is concerned since 25 guntas is already sold, only 4 guntas in the said survey number would be available, in which, all the legal representatives of Chikka Nareppa including the second respondent M Narayanamma in W.P.No.41229/2017 and respondents 1 to 3 in W.P.No.15452/2015 will have a share.
9. In the writ petition i.e., W.P.No.15452/2015, respondents 4 to 6 are the legal heirs of Munishamappa, who is the third son of original propositus Nagappa. It is made clear that the share of Munishamappa’s branch in the aforesaid two survey numbers is to an extent of 1 acre 39 ½ guntas in Sy.No.2 and 29 guntas in Sy.No.34. It is open for them to seek distribution of the same either amicably or by approaching Civil Court seeking respective share in the said properties.
10. With the above observations, these two writ petitions are disposed of. It is made clear that the revenue authorities shall effect khata of these two survey numbers in the aforesaid manner within 15 days from the date of receipt of the copy of this order.
In view of disposal of the writ petitions, I.A.No.2/2018 filed in W.P.No.41229/2017 does not survive for consideration. Accordingly, it is disposed of.
bkp Sd/- JUDGE