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2025 DAILYLAW 13562 (KAR)

SRI NARAYANASWAMY v. THE DEPUTY COMMISSIONER

WP/8335/2018 · 2025-04-09

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:15248 WP No. 8335 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 8335 OF 2018 (KLR-RES) BETWEEN: 1. SRI NARAYANASWAMY S/O. LATE. VENKATARAVANAPPA, R/AT JAYAMANGALA VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT 563130 SINCE DEAD BY LRS., 1(a) SMT. VARALAKSHMAMMA, W/O LATE NARAYANASWAMY, AGED ABOUT 57 YEARS, 1(b) SRI. HARISH, S/O LATE NARAYANASWAMY, AGED ABOUT 38 YEARS, 1(c) SMT. ASHWINI., D/O LATE NARAYANASWAMY, AGED ABOUT 35 YEARS, ALL ARE R/AT JAYAMANGALA VILLAGE, LAKKUR HOBLI,MALUR TALUK, KOLAR DISTRICT 563130 2. SRI. VENKATASWAMY S/O. LATE. VENKATARAVANAPPA, R/AT JAYAMANGALA VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT 563130 3. SRI. RAJANNA S/O. LATE. VENKATARAVANAPPA, R/AT JAYAMANGALA VILLAGE, LAKKUR HOBLI, MALUR TALUK, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15248 WP No. 8335 of 2018 KOLAR DISTRICT-563130 4. SRI. JAYANNA S/O. LATE. VENKATARAVANAPPA, R/AT JAYAMANGALA VILLAGE, LAKKUR HOBLI,MALUR TALUK, KOLAR DISTRICT 563130 …PETITIONERS (BY SRI. MOHAN.A.H., ADVOCATE FOR SRI. L M RAMAIAH GOWDA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR -563 130. 2. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR 563130 3. THE THASILDAR MALUR TALUK, MALUR KOLAR 563130 4. SRI. SUBBAIAH S/O. LATE. VENKATAPPA, AGED ABOUT 75 YEARS, 5. SRI. RAMESH S/O. LATE. RAMAIAH, AGED ABOUT 40 YEARS, 6. SRI. RAMANJI S/O. LATE. RAMAIAH, AGED ABOUT 35 YEARS, 7. 7(a) SRI. RAMAKRISHNAPPA @ NARAYANAPPA DEAD BY HIS LRS A. SMT. RUKMINIYAMMA, D/O. LATE. RAMAKRISHNAPPA, AGED ABOUT 58 YEARS, - 3 - NC: 2025:KHC:15248 WP No. 8335 of 2018 7(b) SRI. RAMESH S/O. LATE. RAMAKRISHNAPPA, AGED ABOUT 40 YEARS. 7(c) SRI. HARISH S/O. LATE. RAMAKRISHNAPPA, AGED ABOUT 35 YEARS, R-7(a) TO 7(c) ARE PRESENTLY R/AT NO. 76/1, 9TH MAIN, KALAPPA BLOCK, NEAR CAMBRIDGE ENGLISH SCHOOL, SRINAGAR, BENGALURU 560086. 8. SRI. VENKATESHAPPA S/O. LATE. NANJAPPA, AGED ABOUT 69 YEARS, 9. SRI. NARAYANASWAMY S/O. LATE. MUNIYAPPA, AGED ABOUT 63 YEARS, 10. SRI. SRINIVASAIAH S/O. LATE. MUNIYAPPA, AGED ABOUT 56 YEARS, 11. SRI. VENKATESH S/O. LATE. MUNIYAPPA, AGED ABOUT 52 YEARS, 12. SRI. NAGARAJ S/O. LATE. MUNIYAPPA, AGED ABOUT 46 YEARS, 13. SRI. MANJUNATHA S/O. LATE. SRINIVASAIAH @ SRIRAMAPPA, AGED ABOUT 46 YEARS, PRESENTLY R/AT NO. 20/22, 1ST MAIN, NAYANAPPANAHALLI, OPP: ASHRAYA SECURITY APARTMENT, BEGUR POST, BENGLAURU 560068 - 4 - NC: 2025:KHC:15248 WP No. 8335 of 2018 14. SRI. RAMACHANDRAPPA S/O. SUBBAIAH, AGED ABOUT 62 YEARS, R-4 TO 6, 8 TO 12 AND 14 ARE R/AT JAYAMANGALA VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT 563130 …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA FOR R-1 TO R-3; SRI. S.V.KANTHARAJU., ADVOCATE FOR R-13; SRI.C.SHANKARA REDDY., ADVOCATE FOR C/R-14; R-4 TO R-6, R-7[(a) TO (c)], R-8 TO R-12 ARE SERVED; SMT. NEERAJA KARANTH., ADVOCATE FOR R-14) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, FILED PRAYING TO QUASH THE ORDER DATED 18.11.2016 PASSED BY THE R-2 IN R.A.533/2010 - 11 AT ANNEX-R AND THE ORDER DATED 7.2.2018 PASSED BY R-1 IN PROCEEDINGS R.A.NO. 157/2016 - 17 VIDE ANNEX-S AND ALLOW THIS WRIT PETITION, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The learned counsel for the petitioner has filed a Memo which reads as follows - “MEMO The petitioners respectfully submits that, during the pendency of the above Writ Petition, the petitioners and respondents No.4 to 14 have - 5 - NC: 2025:KHC:15248 WP No. 8335 of 2018 settled their claim involved in this Writ Petition. They have entered into the fresh partition deed dated 16.10.2024, by incorporating the division of properties which took place among their ancestors. In pursuance of the said partition, they have filed a fresh application before the respondent No.3 herein to affect the mutation in pursuance of the said partition deed dated 16.10.2024. Hence, the above Writ Petition will not survive for consideration and it may kindly be dismissed as not pressed, keeping liberty to the petitioners and respondents No.4 to 14 to pursue their application before the respondent No.3 to meet the ends of justice.” 2. Memo is taken on record. 3. As requested in the Memo, Writ Petition is dismissed as not pressed. 4. In view of the disposal of the petition, all pending interlocutory applications, if any, stand dismissed. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 25