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`IN THE HIGH COURT OF BENCH

DATED THIS THE 17 TH DAY OF SEPTEMBER, 2014

PRESENT

THE HON’BLE MR.JUSTICE N.ANANDA AND THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA

WRIT APPEAL NO.50087/2013 (KLR-RR)

BETWEEN

1. SHANKARAPPA BASAPPA TANGADAGI SINCE DECEASED BY HIS LRS

1-A) SIDDANAGOUDA S/O. SHANKARAPPA TANGADAGI AGED ABOUT 57 YEARS, OCC: AGRICULTURE

1-B) RAMANAGOUDA S/O. SHNAKARAPP TANGADAGI AGED ABOUT 50 YEARS, OCC: AGRICULTURE

1-C) MAHADEVAPPA S/O. SHAANKARAPPA TANGADAGI AGED ABOUT 55 YEARS, OCC: AGRICULTURE

1-D) SHANTAGOUDA S/O. SHANKARAPPA TANGADAGI AGED ABOUT 52 YEARS, OCC: AGRICULTURE

1-E) NINGANAGOUDA S/O. SHANKARPP TANGADAGI AGED ABOUT 46 YEARS, OCC: AGRICULTURE

1-F) NANAGOUDA S/O. SHANKARAPP TNGADAGI AGED ABOUT 48 YEARS, OCC: AGRICULTURE

2. SHIVABASAPPA BASAPPA TANGADAGI SINCE DECEASED BY HIS LRS.,

2-A) BASANAGOUDA S/O. SHIVABASAPPA TANGADAGI - -2

AGED ABOUT 49 YEARS, OCC: SERVICE

2-B) BHIMANAGOUDA S/O. SHIVABASAPPA TANGADAGI AGED ABOUT 43 YEARS, OCC: AGRL.

2-C) PRABHUGOUDA S/O. SHIVABASAPPA TANGADAGI AGED ABOUT 36 YEARS, OCC: AGRL.

3. GURAPPA BASAPPA TANGADAGI SINCE DECEASED BY HIS LRS.,

3-A) LAXMIBAI W/O. GURAPPA TANGADAGI AGED ABOUT 65 YEARS, OCC: H.H.WORK

3-B) YAMANAPPA @ YAMANOOR S/O GURAPPA TANGADAGI AGED ABOUT 42 YEARS, OCC: AGRI.

4. SAHEBGOUDA S/O SIDRAMAPPA TANGADAGI AGED ABOUT 52 YEARS, OCC: AGRL.

ALL R/O GDISOMANAL VILLAGE TQ: , DIST: ... PETITIONERS

(BY M/S.SHIVAYOGIMATH ASSOCIATES)

AND

1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING, BANGALORE-1

2. THE LAND TRIBUNAL REP. BY ITS CHAIRMN MUDDEBIHAL, DIST BIJAPUR-586101

3. SHANTRAM S/O VISHWANATH SARVADE SINCE DECEASED BY HIS LRS - -3

3-A) GURUNATH S/O SHANATARAM SARVADE AGED ABOUT 40 YEARS, OCC: TAILOR

3-B) VISHWANATH S/O SHANTARAM SAVADE AGED ABOUT 38 YEARS, OCC: TAILOR

3-C) NANABAI W/O S. DAYAPALE AGED ABOUT 36 YEARS, OCC: HH WORK

3-D) TULAJABAI W/O SHANTARAM SARVADE AGED ABOUT 60 YEARS, OCC: HH WORK

4. SUBHADRABAI W/O TULAJARAM DHOYAPULE AGED ABOUT 62 YEARS, OCC: HH WORK R/O MUDDEBIHAL, DIST. BIJAPUR

5. SARASWATHIBAI W/O NARSIMHA BEDARKAR AGED ABOUT 64 YEARS, OCC: HH WORK

ALL R/O , TQ. MUDDEBIHAL DIST. BIJAPUR-586110 ... RESPONDENTS

(BY SRI. MANVENDRA REDDY, GA FOR R1 & R2, SRI.DANAPPA P. PHANIBHATE & SRI.JAYANANDAYYA, ADVOCATES FOR R3 (A-D)

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, BY THE ADVOCATE FOR APPELLANT PRAYING THAT THIS HON'BLE COURT TO, SET ASIDE THE ORDER DATED 01.03.2013 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 81672/2012 (KLR-RR) AND RESTORE THE INTERIM ORDER OF DISPOSSESSION.

THIS WRIT APPEAL IS COMING ON FOR ORDERS THIS DAY, N.ANANDA J. DELIVERED THE FOLLOWING:- - -4

JUDGMENT

The apprehension of learned counsel for appellants is that the order dated 01.03.2013 made in W.P.No.81672/2012 vacating the interim order granted earlier, may have bearing when the matter is heard and decided on merits is not well founded.

2. The learned counsel for appellant submits that interim order has been vacated without giving an opportunity of being heard to petitioner.

3. We are not persuaded by this submission. The learned Single Judge has assigned valid reasons for vacating the order of interim stay.

The appeal is disposed of with the above observations.

Sd/- JUDGE

Sd/- JUDGE Srt