Review petition against a writ order remanding a land revenue matter to the Assistant Commissioner. By consent, the court requested the trial judge to expedite disposal of a related declaration suit and kept all contentions open.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
REVIEW PETITION NO. 837 OF 2022
BETWEEN:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
PETITIONER 1 TO 4 ARE R/AT NO.1/6, CHUDENAPURA VILLAGE, KENGRI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 060.
…PETITIONERS
(BY SRI. VINOD GOWDA.,ADVOCATE)
AND:
NC: 2024:KHC:19733 RP No. 837 of 2022
BOTH RESIDING AT R/AT HOUSE NO.1356, 14TH MAIN ROAD, 15TH CROSS, KUMARASWAMY LAYOUT, BENGALURU-560 078.
RESPONDENT NO.5 & 6 ARE R/AT KODDIPALYA, KENGERI HOBLI, VIDYAPEETHA POST, BENGALURU-560 060.
…RESPONDENTS
(BY SRI.G S ARUNA., HCGP FOR R1 & R2; SRI.SUBRAMANYA KAUSHIK R S AND SRI. RAJESH B L.,ADVOCATES FOR R3 & R4; R5 SERVED AND UNREPRESENTED)
THIS REVIEW PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The Writ Petition in W.P.No.16286/2022 (KLR-RES) was disposed off vide final judgment dated 09.11.2022 setting aside the impugned order of Assistant Commissioner passed under Section 136(2) of the Karnataka Land Revenue Act, 1964 and remanding the matter to him for fresh consideration. Learned counsel for the Review Respondents submits that certain grounds urged herein can otherwise be taken up before the Assistant Commissioner in remand and in that regard, contentions of the parties be kept open.
argues that after the disposal of Writ Petition, the contesting Respondents herein have filed a Declaration Suit in O.S.No.552/2023 and Review Petitioners happen to be the defendants therein and therefore, the learned Judge of the Trial Court be directed to try & dispose off the same expeditiously. With this proposal, learned counsel
NC: 2024:KHC:19733 RP No. 837 of 2022
appearing for the Respondents in the Review Petition has agreement.
In the above circumstances, this Review Petition is
disposed off requesting learned Trial Judge to try & dispose off the subject suit as expeditiously as possible.
All contentions of the parties are kept open to be urged both the matter remanded to the Assistant Commissioner and in the suit as well.
Costs made easy.
Sd/JUDGE
Bsv
List No.: 1 Sl No.: 23
1 provisions across 1 enactments
Sri. K B Krishnamurthy
Smt. Vanaja
Sri. Ajaykumar
Smt. Kalarani
Assistant Commissioner Bengaluru South Sub Division
Tahsildar Bengaluru South Taluk
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
