M Jayaram Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

M Jayaram Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal allowed; Single Judge's orders dated 01.08.2024 and 25.02.2025 set aside; matter remanded to the learned Single Judge to implead the appellants as legal heirs of Late Jayaram and pass appropriate orders after hearing the parties; pending interlocutory applications disposed of.

Issue for consideration

Whether the appellants (legal heirs of Late Jayaram, respondent No.4 in W.P No.8304/2015), who did not sign the compromise petition and claim a substantial interest in the property, were entitled to be heard before final orders were passed in the writ petition, and consequently whether the Single Judge's orders dated 01.08.2024 and 25.02.2025 should be set aside.

Court's answer

Considering that Late Jayaram, respondent No.4 in WP No.8304/2015, did not sign the compromise petition and the appellants are his legal heirs, it is appropriate that they be heard by the learned Single Judge before the final order is passed in the writ petition.

Ratio / Principle

The writ appeal is allowed and the learned Single Judge's order dated 01.08.2024 (in WP No.8304/2025, as printed) and order dated 25.02.2025 in I.A Nos.1 and 2 of 2024 are set aside.

Key takeaways

The matter is remanded to the learned Single Judge with a request to get the appellants impleaded as legal heirs of Late Jayaram and, after hearing the other parties, to pass appropriate orders.ratio¶¶84

Detailed headnote1 paragraphs

Division Bench (D K Singh and S Rachaiah, JJ.) of the High Court of Karnataka allowed Writ Appeal No. 967 of 2025 (LR), filed under S.4 of the Karnataka High Court Act, against the orders dated 01.08.2024 and 25.02.2025 of the learned Single Judge in W.P No.8304/2015. Factual background as recorded: the Land Tribunal granted a Form No.7 application of Late Dodda Muniswamy Reddy occupancy rights over ten (10) acres in Survey No.35 of Maragondanahalli Village, Bidarahalli Hobli, Bengaluru East Taluk, by order dated 31.10.1975; the High Court in W.P No.9944/1994 (moved by purchaser Smt. Narayanamma) set aside that order vide order dated 06.12.2005 and remanded the matter to the Tribunal for impleading necessary parties; on remand, the Tribunal rejected the Form No.7 application by order dated 12.02.2014; the legal heirs of Late Dodda Muniswamy Reddy challenged that order in W.P No.8304/2015, and during its pendency entered into a compromise with the legal heirs of Smt. Narayanamma, following which the petition was disposed of on 01.08.2024. The appellants, legal heirs of Late Jayaram (respondent No.4 in the writ petition), who had not signed the compromise petition and claimed that after the rejection of the Form No.7 application the land vested in their father (also alleging fraud in the Tribunal proceedings), sought recall through I.A Nos.1 and 2 of 2024. Holding: since the deceased respondent had not signed the compromise and the applicants were his legal heirs with an asserted substantial interest, they were entitled to be heard before final orders. The Bench set aside both Single Judge orders and remanded the matter with a request to implead the appellants as legal heirs of Late Jayaram and decide afresh after hearing all parties; pending I.As stood disposed of.

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NC: 2026:KHC:3893-DB WA No. 967 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JANUARY, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 967 OF 2025 (LR)

BETWEEN:

M. JAYARAM S/O MUNIYAPPA

SINCE DECEASED BY HIS LRs

SMT. BHAGYALAKSHMI.N W/O LATE M. JAYARAM, AGED ABOUT 75 YEARS, R/AT NO.5/3

7^TH CROSS,

1^ST FLOOR

Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

ANEPALYA,

BENGALURU – 560 030.

SHRI. SREENIVAS.J, S/O LATE M. JAYARAM AGED ABOUT 56 YEARS R/A NO. 19^TH

9^TH CROSS

1^ST FLOOR ANEPALYA BENGALURU – 560 030.

SMT. SUJATHA.J,

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D/O LATE M. JAYARAM AGED ABOUT 54 YEARS R/A NO. 5/3 7^TH CROSS 1^ST FLOOR ANEPALYA BENGALURU – 560 030.

SHRI. KUMAR.J, S/O LATE M. JAYARAM AGED ABOUT 52 YEARS R/A NO. 5/3 7^TH CROSS 1^ST FLOOR ANEPALYA BENGALURU – 560 030.

…APPELLANTS

(BY SRI. V B SHIVAKUMAR, ADVOCATE)

AND:

THE STATE OF KARNATAKA DEPARTMENT OF REVENUE BY ITS SECRETARY VIDHANASOUDHA DR. B.R. AMBEDKARVEEDHI BENGALURU – 560 001.

THE LAND TRIBUNAL, BENGALURU EAST TALUK, PODIUM BLOCK, DR. B.R. AMBEDKARVEEDHI, BEGALURU – 560 001. BY ITS CHAIRMAN.

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SHRI. SOMASHEKARA REDDY, S/O LATE DODDA MUNISWAMY REDDY, AGED ABOUT 60 YEARS, R/A MARAGONDANAHALLI VILLAGE, BIDARAHALLI HOBLI, K.R. PURAM, BENGALURU EAST TALUK – 560 036.

SHRI. KODANDA REDDY, SINCE DECEASED BY HIS LRs

SMT. N. SHANTHA, W/O LATE KODANDA REDDY AGED ABOUT 60 YEARS R/A MARAGONDANAHALLI VILLAGE, BIDARAHALLI HOBLI, K.R. PURAM, BENGALURU EAST TALUK – 560 036.

SHRI. M.K. ANIL, S/O LATE KODANDA REDDY, AGED ABOUT 42 YEARS, R/A MARAGONDANAHALLI VILLAGE, BIDARAHALLI HOBLI, K.R. PURAM, BENGALURU EAST TALUK – 560 036.

SMT. M.K. ASHWINI, D/O LATE KODANDA REDDY, AGED ABOUT 40 YEARS, R/A MARAGONDANAHALLI VILLAGE, BIDARAHALLI HOBLI

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K.R. PURAM, BENGALURU

EAST TALUK – 560 036.

SHRI. K. ARUNA KUMAR, S/O LATE KODANDA REDDY, AGED ABOUT 33 YEARS, R/A MARAGONDANAHALLI VILLAGE, BIDARAHALLI HOBLI K.R. PURAM, BENGALURU EAST TALUK – 560 036.

SHRI.GURU REDDY, S/O LATE DODDA MUNISWAMY REDDY, AGED ABOUT 57 YEARS, R/A MARAGONDANAHALLI VILLAGE, BIDARAHALLI HOBLI, K.R. PURAM, BENGALURU EAST TALUK – 560 036.

SMT. NARAYANAMMA, W/O GURUSWAMY, AGED ABOUT 59 YEARS, R/A NO. 244, BHOVI COLONY, RAMAMURTHY NAGARA, BENGALURU – 560 016.

SMT.MEENAMMA, W/O B.M.SRINIVASA REDDY, AGED ABOUT 74 YEARS, R/A MARAGONDANAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK – 560 036.

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SRI. NARAYANA REDDY S/O LATE DODDA MUNISWAMY REDDY, VIDE ORDER DATED 05/11/2016 THE WRIT PETITION IS ABATED AGAINST THIS RESPONDENT

SMT. KANTHAMMA, W/O Y. KRISHNAREDDY, AGED ABOUT 71 YEARS, R/A MARAGONDANAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK – 560 036.

SHRI. VASUDEVA REDDY, S/O LATE DODDAMUNISWAMY REDDY, AGED ABOUT 69 YEARS, R/A MARAGONDANAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK – 560 036.

SMT. MANJULAMMA, W/O SUNDRAM REDDY, AGED ABOUT 54 YEARS, R/A MARAGONDANAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK – 560 036.

SHRI. D.A. GOPAL, S/O LATE ANNAIAHPPA AGED ABOUT 74 YEARS,

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HC-KAR

R/AT NO. 43 DEVASANDRA, K.R.PURAM POST, BENGALURU -560 036.

…RESPONDENTS

(BY SRI. UDAY HOLLA, SENIOR ADVOCATE FOR

SRI. V N SHANKARE GOWDA, ADVOCATE FOR R3; SRI. MOHAMMED JAFFAR SHAH, AGA)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA

HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 25.02.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS

HON’BLE COURT IN WP No-8304/2015 (LR-RES) AND ETC.,

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:3893-DB WA No. 967 of 2025

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ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present appeal has been filed impugning the order dated 01.08.2024 passed by the learned Single Judge in

W.P No.8304/2025, as well as the order dated 25.02.2025 in I.A Nos.1 and 2 of 2024 filed by the appellants, the legal heirs of Late Jayaram, who is the respondent No.4 in the writ petition.

The Form No.7 application filed by Late Dodda Muniswamy Reddy for granting occupancy right in respect of ten(10) acres of land in Survey No.35 of Maragondanahalli Village, Bidarahalli Hobli, Bengaluru East Taluk was issued by the Land Tribunal to the said applicant Late Dodda Muniswamy Reddy by the order dated 31.10.1975. It appears that the said occupancy certificate was challenged by Smt.Narayanamma, who was the purchaser of the said land, before this Court by filing writ petition in W.P No.9944/1994. This Court, however, set aside the order dated 31.10.1975 granting of occupancy certificate by the Land Tribunal in favour of Late Dodda Muniswamy Reddy vide order dated

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06.12.2005 and remanded the matter back to the Land Tribunal for impleading necessary parties. On remand, the Land Tribunal by the order impugned in the writ petition dated 12.02.2014, rejected the application Form No.7. The said order came to be challenged by the legal heirs of Late Dodda Muniswamy Reddy, in whose favour initially the occupancy certificate was issued by the Land Tribunal vide order dated 31.10.1975. During the pendency of the writ petition in W.P No.8304/2015, the legal heirs of Late Dodda Muniswamy Reddy and the legal heirs of Smt.Narayanamma entered into a compromise. On the basis of the compromise, the writ petition was disposed of by the impugned order dated 01.08.2024.

The appellants, who claim to be the legal heirs of Late Jayaram, had filed IA Nos.1 and 2 of 2024 for recall of the order on the ground that they had a substantial interest in the issue/property in question. After the Land Tribunal had rejected the Form No.7 application filed by Late Dodda Muniswami Reddy, the land vested in their father. They have also alleged some fraud in the proceedings before the Land Tribunal.

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NC: 2026:KHC:3893-DB WA No. 967 of 2025

HC-KAR

Considering the averments and the fact that the Late Jayaram, who was respondent No.4 in WP No.8304/2015, did not sign the compromise petition and the appellants are the legal heirs, it would be appropriate that they should be heard by the learned Single Judge before passing the final order in the writ petition.

We allow this writ petition. The order dated 01.08.2024 in WP No.8304/2025 and the order dated 25.02.2025 in I.A Nos.1 and 2 of 2024 passed by the learned Single Judge, are set aside, remanding the matter back with a request to the learned Single Judge to get the appellants impleaded as legal heirs of Late Jayaram and after hearing the other parties, to pass the appropriate orders.

In view of the disposal of this appeal, pending IA’s, if any,

stand disposed of.

Sd/(D K SINGH) JUDGE

Sd/(S RACHAIAH) JUDGE

UN, List No.: 1 Sl No.: 7

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 01.08.2024 disposing of W.P No.8304/2015 on the basis of a compromise, and order dated 25.02.2025 in I.A Nos.1 and 2 of 2024 (filed by the appellants seeking recall), both passed by the learned Single Judge of the High Court of Karnataka.¶¶72
Learned Single Judge, High Court of Karnataka · 01.08.2024 and 25.02.2025
Prior proceeding
Land Tribunal granted Form No.7 occupancy rights in respect of ten (10) acres in Survey No.35 of Maragondanahalli Village, Bidarahalli Hobli, Bengaluru East Taluk, to Late Dodda Muniswamy Reddy by order dated 31.10.1975.¶¶74
Prior proceeding
Smt. Narayanamma, purchaser of the land, challenged the occupancy certificate before the High Court in W.P No.9944/1994.¶¶74
Prior proceeding
The High Court set aside the Land Tribunal's order dated 31.10.1975 (setting-aside stated in ¶74) vide order dated 06.12.2005 and remanded the matter to the Land Tribunal for impleading necessary parties.¶¶78
Prior proceeding
On remand, the Land Tribunal rejected the Form No.7 application by order dated 12.02.2014 (the order impugned in the writ petition).¶¶78
Prior proceeding
The legal heirs of Late Dodda Muniswamy Reddy challenged the Tribunal's order dated 12.02.2014 in W.P No.8304/2015.¶¶78
Prior proceeding
During pendency of W.P No.8304/2015, the legal heirs of Late Dodda Muniswamy Reddy and the legal heirs of Smt. Narayanamma entered into a compromise, on the basis of which the writ petition was disposed of by the impugned order dated 01.08.2024.¶¶78
Prior proceeding
The writ petition stood abated against Sri. Narayana Reddy s/o Late Dodda Muniswamy Reddy vide order dated 05/11/2016.¶¶49
Prior proceeding
The appellants, claiming to be the legal heirs of Late Jayaram, filed I.A Nos.1 and 2 of 2024 seeking recall of the order on the ground of their substantial interest in the issue/property.¶¶79
Prior proceeding
According to the appellants, after the Land Tribunal rejected the Form No.7 application of Late Dodda Muniswami Reddy, the land vested in their father; they further alleged fraud in the proceedings before the Land Tribunal.¶¶79
Prior proceeding
Allegation by the appellants of fraud in the proceedings before the Land Tribunal.¶¶79