SIDDAPPA AND ORS. Vs. BASALINGAPPA AND ORS.

JUDGEMENT

(1.) The petitioners are before this Court under Article 226 of the Constitution of India assailing the order dated 15.06.2017 passed by the third respondent/Deputy Commissioner in R.P.No.36/2016 and order dated 23.04.2015 passed by Respondent No.4 in RTS/AP-127/2013-14.

(2.) The third respondent/Deputy Commissioner under Annexure-G dated 15.06.2017 rejected the revision petition of the petitioners filed under Section 136(3) of the Karnataka Land Revenue Act, 1964 observing that the parties would be bound by the decision in R.A.No.22/2009, which is pending consideration before the District and Sessions Judge, Bagalkot. The names of the respondents were mutated in respect of the land in question in pursuance of the judgment and decree dated 12.01.2009 passed in O.S.No.22/2007. Against the said judgment, the petitioners herein had filed R.A.No.22/2009 and the same is pending consideration.

(3.) Admittedly, civil disputes are pending between the parties in respect of the properties in question. The respondent No.1 had initially filed O.S. No.125/1996 in the Court of the Civil Judge, Jamakhandi for the relief of declaration and possession, which was decreed in favour of the respondent No.1 herein. The said judgment and decree was challenged in Regular Appeal which was dismissed, against which Regular Second Appeal was filed before this Court. In the Regular Second Appeal, this Court remanded the matter for fresh disposal. Thereafter, the suit was renumbered before the Civil Judge, Bilagi in view of establishment of Civil Judge Court at Bilagi, as O.S. No.22/2007. The suit was again decreed in favour of respondent No.1 and the petitioners herein have filed R.A.No.22/2009. In view of the pendency of the civil proceedings in respect of title, the Assistant Commissioner and the Deputy Commissioner rightly rejected the appeal of the petitioner observing that as R.A. No.22/2009 is pending between the parties, the decision that would be rendered binds the parties.