GOVINDAMMA Vs. K. NARAYANA GOWDA

JUDGEMENT

(1.) The appellants have filed the present intra-court appeal impugning an order dtd. 16/6/2025 [impugned order] passed by the learned Single Judge of this Court in WP.No.37713/2016 (LR-SEC). The learned Single Judge partly allowed the said writ petition by the impugned order, whilst, the claim made by the legal heirs of Smt. Venkatamma [petitioner No.1(a) to (d) in the writ petition] claiming occupancy rights in respect of land falling in Survey No.2/2B, Gollahalli Village, Gauribidanuru Taluk, was rejected; The claim made by respondent No. 1 (K. Narayana Gowda) was arrayed as petitioner No.2 in writ petition, claiming occupancy rights in land falling in Survey No.15/2B, Gollahalli Village, Gauribidanuru Taluk, to the extent of one- half share, was allowed. The learned Single Judge had held that respondent No.1 and the representatives of respondent No.2 shared the said subject land equally.

(2.) The Appellants claimed that the subject land (land measuring 5 acres and 12 guntas falling in Survey No.15/2B, situated in Gollahalli Village, Gauribidanuru Taluk, Chikkaballapura District) belonged to them. It is further stated that the said land was purchased by the predecessors in interest of the appellants, from the heirs of the original owner (Kare Rangappa), under two registered sale deeds dtd. 18/4/1980 and 18/2/1981. They claim that the subject land was mutated in the names of the purchasers/ their successors in interest, are in continuous possession and enjoyment of the same.

(3.) The respondent No.1 claims occupancy rights in respect of part of the subject land, which was rejected. However, the said claim has been accepted by the learned Single Judge, albeit to the extent of one half share and the said decision forms the subject matter of the present appeal.