LAWS(KAR)-2006-11-64

FAKRU AKBAR LATIF Vs. STATE OF KARNATAKA

Decided On November 10, 2006
FAKRN AKBAR LATIF Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE petition, albeit listed for preliminary hearing, with the consent of the learned counsel for the parties, is finally heard and is disposed of by this order.

(2.) FACTS briefly stated are : the father of the first petitioner and the father of the second and third petitioners filed two separate applications in Form No. 7, under section 48-A (l) of the Kanrataka Land reforms Act, 1961, for short 'act', for being registered as occupants of one-half share out of land measuring 5 acres 8 guntas in Sy. No. 266/4a+b of Karanjage village; The Land tribunal after an enquiry over the said two applications, by order dated 26-2-1976 conferred occupancy rights as claimed, which when called in question by the Land Owner in W. P. No. 531/1982, was quashed and the proceeding remitted for fresh consideration.

(3.) ON remand, the third respondent though served with notice of the proceeding before the Land Tribunal, remained absent and unrepresented. During the pendency of the said proceeding, the first and second petitioners, jointly instituted O. S. No. 15/2001 arraigning the land owner, the third respondent herein as a party defendant, which when referred to the Lok Adalat, the parties reported a settlement by filing a compromise petition recording the terms, the basis of the Award, dated 15-6-2001, Annexure-"d".