M.S.SOMEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition was filed by Sri.M.S.Somegowda, who has since deceased and his legal representatives have been brought on record. The writ petitioner was aggrieved of the order at Annexure-E dtd. 6/5/2002, whereby the respondent-Deputy Commissioner, Mysuru District set aside his earlier order dtd. 30/3/1991. The original order dtd. 30/3/1991 was passed by the Deputy Commissioner at the instance of the writ petitioner who had sought for restoration of the khatha while removing the endorsement of 'pada' on the land in question. Although, the Deputy Commissioner had accepted the payment of tax and ordered the restoration of the khatha while removing the endorsement of 'pada' at the instance of the writ petitioner, nevertheless, at the instance of Sri.Shivannachari, the Deputy Commissioner passed the impugned order dtd. 6/5/2002, while holding that Sri.M.S.Somegowda was not the adopted son of Smt.Siddamma.

(2.) The original writ petitioner-Sri.M.S.Somegowda had earlier filed W.P.No.29369/2002 challenging the very same order dtd. 6/5/2002. However, this Court by order dtd. 16/8/2006 dismissed the writ petition as withdrawn while reserving liberty to the petitioner to approach competent civil court to work out his remedy. Accordingly, Sri.M.S.Somegowda had filed a suit in O.S.No.28/2008 seeking declaration that he is the adopted son of Smt.Siddamma and that he has succeeded to the property of Smt.Siddamma namely the suit schedule property bearing Sy.No.15 of Agasanahundi village, measuring 20 acres and 02 guntas. The plaintiff had also sought for a permanent injunction restraining the defendants and all persons claiming under the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property. The suit was partly decreed while only granting an order of permanent injunction while declining the relief of declaration. However, the first appellate court vide order dtd. 8/6/2015 in R.A.No.425/2014 allowed the appeal insofar as the prayer of declaration is concerned and declared that the plaintiff is the adopted son of Smt.Siddamma and he has inherited the suit schedule property from Smt.Siddamma. Questioning the same, defendant No.3- Sri.Shivannachari in the said suit filed the Regular Second Appeal. During the course of the proceedings in Regular Second Appeal, both Sri.M.S.Somegowda as well as Sri.Shivannachari, passed away and their respective legal representatives are brought on record.

(3.) The Regular Second Appeal filed by Sri.Shivannachari was connected to this writ petition and on this day both the parties have filed compromise petition and in terms of the compromise petition, Regular Second Appeal has been disposed of while directing the decree of the suit filed by Sri.M.S.Somegowda in terms of the compromise petition. The parties have agreed that from out of 20 acres and 02 gunta of land, the legal representatives of Sri.Shivannachari will be entitled for 1 acre and 28 guntas of land and remaining 18 acres and 14 guntas of land will belong to the legal representatives of the original writ petitioner-Sri.M.S.Somegowda. In that view of the matter, this writ petition is required to be disposed of in terms of the compromise entered into between the parties in respect of the property in question.