DEVAPPA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) In these two writ petitions, the petitioners have assailed the order dtd. 26/12/2019, passed by the Deputy Commissioner, Bagalkot in Revision Petition No.35/2018.

(2.) Heard the learned counsel appearing for the parties and also perused material available on record.

(3.) Facts leading to filing of these writ petitions as revealed from the records narrated briefly are, the father of the petitioner in W.P. No.100661/2021 had filed O.S. No.25/1969 before the jurisdictional Civil Court seeking partition and separate possession in respect of certain items of the land situated in Hosur Village, Jamkhandi Taluka. The said suit was subsequently transferred to the Court at Jamkhandi and renumbered as O.S. No.84/1983. By the judgment and decree dtd. 12/10/1984, O.S. No.84/1983 was partly decreed and the said judgment and decree had attained finality. Thereafter, final decree proceedings was initiated in FDP No.15/2011, which was renumbered as FDP No.5/2016 and it is stated in the bar that the said FDP is still pending consideration before the Court of Senior Civil Judge, Jamkhandi. In the meanwhile, the petitioner had approached the Deputy Tahsildar with the prayer to enter his name in the revenue records of the lands in question as per the preliminary decree passed in O.S. No.84/1983. The said application was rejected by the Deputy Tahsildar and being aggrieved by the same, the petitioner had preferred an appeal under Sec. 136(2) before the Assistant Commissioner, Jamkhandi, who had allowed the said appeal vide order at Annexure-B, dtd. 2/8/2018. The said order was challenged by respondent Nos.4 & 5 before the Deputy Commissioner in a revision filed under Sec. 136(3) of the Act of 1964. During the pendency of the said revision petition, it appears that settlement was reported between the parties and based on the same, the Deputy Commissioner has passed the impugned order at Annexure-M on 26/12/2019. Being aggrieved by the same, these two writ petitions are filed.