IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 16TFI DAY OF DECEMBER 2011 PRESENT THE HON’BLE MR.JUSTICE K.L.MANJUNATH AND THE HON’BLE MR.JUSTICE K. GOVINDARAJULU Writ Appeal No.6278/2009 (LR) BETWEEN: 1. Sri Tirumalarao @ Muralidhar, S/o. Khanderao Desai, Aged 57 years, 0cc: Agriculture, R/o. Kundgol, Taluka: Kundgol, Dist: Dharwad 2. Sri Ramachandra, S/o. Khanderao Desai, Aged 54 years, 0cc: Agriculture, R/o. Kundgol, Taluka Kundgol, Dist: Dharwad. ...APPELLANTS (By Sri.R.M. Kulkarni, Advocate.) A N U: 1) Sri Lingangouda, S/o. Basanagouda Umachagi, Aged 53 years, 0cc: Agriculture, R/o. Kundgol, Taluka Kundgol, Dist: Dharwad 2) The State of Karnataka, By its Secretary, 7Z Revenue Department, Vidhana Soudha, Bangalore-560 001. 3) The Chairman, Land Tribunal, Kundgol, Dist: Dharwad .RESPONDENTS (By Sri.F.V.Patil, Advocate for Ri) (Sri. Mahesh Wodeyar, Additional Government Advocate, for R2 and R3.) This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order dated 28.07.2009, in W.P.No.9024/2008 he dismissed with costs and this Writ Appeal be allowed with costs through out in the ends of justice. This Appeal coming on for final hearing this day, K.L,Manjunath, J, delivered the following judgment: JUDGMENT Being aggrieved by the order of remand, passed by the learned single Judge, in W.P.No.9024/2008, on 28.7.2009, the present appeal is filed. 2. After arguing the matter at length the parties admit that the 1st respondent is a tenant only in respect of 14 guntas of land on the western side and the remaining land was never in Ci/ possession of the 1 respondent. The 1 respondent also admit that he was cultivating the land only to the extent of 14 guntas on the western side. In the circumstances, they have filed a compromise petition, which is signed by the appellant No.1 and respondent No.1 and their respective advocates. Counsel for the appellant has also signed on behalf of the 211ci appellant. 3. In the circumstances, the order passed by the learned single Judge is set aside. In view of the compromise, the Land Tribunal, Kundgol, is directed to issue form No.10 in respect of 14 guntas of land on the western side and reject the form No.7 in respect of the remaining 30 guntas of land, of the land in question, as it was not a tenanred land. Accordingly, the appeal is disposed of. Sd/ JUDGE Mrk! 8d/ / JUDGE