Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17884 WP No. 3578 of 2023 C/W WP No. 7363 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3578 OF 2023 (KLR-RES) C/W WRIT PETITION NO. 7363 OF 2023 (KLR-RES)
IN WP No. 3578/2023
BETWEEN:
M.A. VENKATARAJU S/O LATE MUNIYAPPA AGED ABOUT 54 YEARS R/O AJJAGONDANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL-560087. …PETITIONER
(BY SRI. SYED AKBAR PASHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA R/P BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU-560001. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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BENGALURU-560001. 4. THE TAHSILDAR HOSAKOTE TALUK TALUK OFFICE HOSAKOTE BENGALURU-560087. 5. SMT. A.C. MUNIYAMMA W/O VENKATARAMANAPPA AGED ABOUT 75 YEARS R/O AJJAGONDANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL-560087. 6. MUNISWAMAPPA S/O LATE SIDDAPPA AGED ABOUT 66 YEARS R/O AJJAGONDANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL-560087. 7. A.M. NARAYANAPPA S/O LATE MUNIYAPPA AGED ABOUT 64 YEARS R/O DHARMARAYA TEMPLE STREET VARTHUR VILLAGE, VARTHUR HOBLI BENGALURU RURAL-560087. 8. VENKATESHAPPA S/O LATE SIDDAPPA AGED ABOUT 58 YEARS R/O AJJAGONDANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL-560087. 9. RAMACHANDRAIAH S/O LATE THIMMAIAH AGED ABOUT 61 YEARS R/O NO.20, 15TH CROSS
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NEXT TO LAKKASANDRA MOSQUE BENGALURU-560027. 10. CHANDRAMMA W/O RAMACHANDRAIAH AGED ABOUT 57 YEARS R/O NO.20, 15TH CROSS NEXT TO LAKKASANDRA MOSQUE BENGALURU-560027. …RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4;
V/O DATED 11.03.2025, NOTICE TO R6 IS HELD SUFFICIENT;
R-10 IS SERVED AND UNREPRESENTED;
V/O DATED 29.04.2025, NOTICE TO UNSERVED RESPONDENTS IS NOT NECESSARY AND I.A.NO. 1/2025 REGARDING BRINGING LRs OF DECEASED R7 IS NOT NECESSARY AND DISPOSED OF)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE R-2 IN REV. PET. NO. 46/2013-14 DATED 07.04.2015 AND THE ORDER PASSED BY THE R-3 IN NO. RA(H) 64/2008-09 DATED 03.12.2012 WHICH ARE PRODUCED AT ANNEXURE-F AND G, TO THE WRIT PETITION AND ETC. IN WP NO. 7363/2023
BETWEEN:
1. G. KRISHNAPPA AGED 54 YEARS R/AT NO.
36, AJJAGONDANAHALLI MUTHSANDRA, POST ANUGONDANAHALLI HOSKOTE TALUK BANGALORE-560087. 2. VENKATALAKSHMI AGED 51 YEARS W/O VENKATESH .P R/AT NO 698, 1ST MAIN, 3RD CROSS
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MATHIKERE VILLAGE BANGALORE-560 054. 3. PADMA .A AGED 44 YEARS W/O ANAND .S R/AT NO. 14/5, 1ST MAIN POTHALAPPA GARDEN ADUGODI, BANGLAORE 560030. 4. A.G. NAGARAJA AGED 51 YEARS S/O LATE GULLAPPA R/AT NO. 23A, ROMANS VILLAS V M LAYUOT, BILESHIVALE DODDAGUBBI, BANGALORE SOUTH BANGALORE-562149. 5. A.N. MANJULA AGED 42 YEARS W/O MAHESH .M R/AT NO. 486, VELANKANI ROAD DODDATHOGURU, BANGALORE SOUTH ELECTRONIC CITY BANGALORE-560100. 6. MURALI BABU .A.N AGED 40 YEAR S/O LATE A.M. NARAYANAPPA R/AT NO 1242, KAMALA NILAYA 2ND CROSS BEHIND GOVERNMENT HIGH SCHOOL VARTHUR, BANGALORE-560087. 7. A.N. BHAGYALKSHMI AGED 38 YEARS W/O SIRNIVASA R/AT 1242, KAMALA NILAYA 2ND CROSS BEHIND GOVERNMENT HIGH SCHOOL VARTHUR, BANGALORE-560087. - 5 -
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8. A.N. VIJAY AGED 36 YEAR S/O LATE A.M. NAYARANAPPA R/AT NO. 1242, KAMALA NILAYA 2ND CROSS BEHIND GOVERNMENT COLLEGE VARTHUR, BANGALORE-560087. ...PETITIONERS
(BY SRI. R.S. RAVI, SENIOR ADVOCATE FOR SRI. DEEPAK, ADVOCATE)
AND:
1. STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF REVENUE M S BUILDING BANGALORE-560001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT CHAPPARADAKALLU DODDABALLAPURA DEVANAHALLI ROAD BENGALRU RURAL DISTRICT-561203. 3. THE ASSISSTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA-561203. BANGALORE RURAL DISTRICT
4. THE TAHASILDAR HOSAKOTE TALUK, HOSAKOTE BANGALORE RURAL DISTRICT-561203. 5. A.C. MUNIYAMMA AGED 67 YEARS W/O VENKATARAMANAPPA D/O LATE CHIKKAMUNISHAMAPPA R/AT BOODIGERE VILLAGE CHANNARAYAPATNA HOBLI
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DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562129. 6. M/S ENGINEERS ASSOCIATE PRIVATE LIMITED REPRESENTED BY ITS MANAGING DIRECTOR MR. A. PRAVEEN S/O A. VENKATASWAMY AGED ABOUT 49 YEARS HAVING THEIR OFFICE AT FLAT NO. 507 SRI TIRUMALA MILLENNIUM MALLAPURA, HYDERABAD TELANGANA-500076.
IT IS INCORPORATED UNDER THE COMPANIES ACT, 1958. 7. MUNISWAMY S/O SIDDAPPA AGED MAJOR R/AT AJJAGONDANAHALLI VILLAGE MUTHSANDRA POST ANUGONDANAHALLI HOBLI HOSAKOTE TALUK, BANGALORE-560087. 8. NEELAMMA AGED 55 YEARS W/O LATE MUNIRAJU R/AT AJJAGONDANAHALLI VILLAGE MUTHSANDRA POST ANUGONDANAHALLI HOBLI HOSKOTE TALUK, BANGALORE-560087. 9. JAYALAKSHMI AGED 35 YEARS D/O LATE MUNIRAJU R/AT AJJAGONDANAHALLI VILLAGE MUTHSANDRA POST ANUGONDANAHALLI HOBLI HOSKOTE TALUK, BANGALORE-560087. - 7 -
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10. MANJUNATH AGED 32 YEARS S/O LATE MUNIRAJU R/AT AJJAGONDANAHALLI VILLAGE MUTHSANDRA POST ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BANGALORE-560087. 11. MUNIYAMMA AGED 59 YEARS W/O RAJAPPA D/O LATE MUNIYAPPA R/AT AJJAGONDANAHALLI VILLAGE MUTHSANDRA POST ANUGONDANAHALLI HOBLI HOSAKOTE TALUK, BANGALORE-560087. 12. VENKATARAJU .M.A AGED 52 YEARS S/O LATE MUNIYAPPA R/AT AJJAGONDANAHALLI VILLAGE MUTHSANDRA POST ANUGONDANAHALLI HOBLI HOSAKOTE TALUK, BANGALORE-560087. 13. RATHNAMMA AGED 56 YEARS W/O KIRAN D/O LATE MUNIYAPPA R/AT AJJAGONDANAHALLI VILLAGE MUTHSANDRA POST ANUGONDANAHALLI HOBLI HOSAKOTE TALUK, BANGALORE-560087. 14. VENKATESHAPPA AGED 68 YEARS S/O LATE SIDDAPPA R/AT AJJAGONDANAHALLI VILLAGE MUTHSANDRA POST ANUGONDANAHALLI HOBLI HOSAKOTE TALUK, BANGALORE-560087. - 8 -
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15. VENKATALAKSHMAMMA AGED 55 YEAR D/O LATE VENKATARAMANAPPA R/AT DASARAHALLI VILLAGE JADIGENAHALLI HOBLI - 562114 HOSKOTE TALUK
16. NARAYANASWAMY AGED 51 YEAR S/O LATE VENKATARAMANAPPA R/AT NO. 371, RAMARA BEEDI BUDIGERE, BANGALORE RURAL DEVANAHALLI - 562129. 17. ROHITH .N AGED 24 YEARS S/O NARAYANASWAMY R/AT NO 371, RAMARA BEEDI BUDIGERE, BANGALORE RURAL DEVANAHALLI - 562129. 18. KUMARI NANDINI .N AGED 22 YEARS D/O NARAYANASWAMY R/AT NO 371, RAMARA BEEDI BUDIGERE, BANGALORE RURAL DEVANAHALLI - 562129. 19. MASTER SURENDRA .N AGED 7 YEARS S/O NARAYANASWAMY R/AT NO. 371, RAMARA BEEDI BUDIEGERE, BANGALORE RURAL DEVANAHALLI-562129 SINCE MINOR REP BY NATURAL GUARDIAN RESPONDENT NO. 16
20.
MASTER GNANESH .N AGED 12 YEARS S/O NARAYANASWAMY R/AT NO 371, RAMARA BEEDI
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BUDIGERE, BANGALORE RURAL DEVANAHALLI-562129. SINCE MINOR REP BY HIS NATURAL GUARDIAN RESPONDENT NO. 16
21. V. ARJUN AGED 49 YEARS S/O LATE VENKATARAMANAPPA R/AT NO. 371, RAMARA BEEDI BUDIGERE, BANGALORE RURAL DEVANAHALLI-562129. 22. RATHNAMMA AGED 41 YEARS W/O V. ARJUN R/AT NO. 371, RAMARA BEEDI BUDIGERE, BANGALORE RURAL DEVANAHALLI-562129. 23. KUMARI SWETHA AGED 21 YEARS D/O V. ARJUN R/AT NO.371 RAMARA BEEDI, BUDIGERE BANGALORE RURAL, DEVANAHALLI-562129. 24. KUMARI RUCHITHA AGED 16 YEARS D/O ARJUN R/AT NO. 371, RAMARA BEEDI BUDIGERE, BANGALORE RURAL DEVANAHALLI-562129. SINCE MINOR REP BY HER NATURAL GUARDIAN RESPONDENT NO. 21
25. KUMARI BHAWANI AGED 18 YEARS D/O V. ARJUN R/AT NO. 371, RAMARA BEEDI
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BUDIGERE, BANGALORE RURAL DEVANAHALLI-562129. 26. KUMARI SAHANA AGED 16 YEARS D/O ARJUN R/AT NO. 371, RAMARA BEEDI BUDIGERE, BANGALORE RURAL DEVANAHALLI-562129. SINCE MINOR REP BY HER NATURAL GUARDIAN REPSONDENT NO 21
27. SRINIVAS AGED 47 YEARS S/O A C MUNIYAMMA R/AT NO 371, RAMARA BEEDI BUDIGERE, BANGALORE RURAL DEVANAHALLI-562129. 28. ROOPA AGED 37 YEARS W/O SRINIVAS R/AT NO 371, RAMARA BEEDI BUDIGERE, BANGALORE RURAL DEVANAHALLI-562129. 29. MASTER YASHWANTH AGED 14 YEARS S/O SRINIVAS R/AT NO 371, RAMARA BEEDI BUDIGERE, BANGALORE RURAL DEVANAHALLI-562129. SINCE MINOR REP BY HIS NATURAL GUARDIAN RESPONDENT NO 27
30. KUMARI SWARNA DIVYA AGED 12 YEARS D/O SRINIVAS R/AT NO 371, RAMARA BEEDI BUDIGERE, BANGALORE RURAL
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DEVANAHALLI-562129. SINCE MINOR REP BY HIS NATURAL GUARDIAN RESPONDENT NO 27
31. GEETHA AGED 47 YEARS D/O LATE VENKATARAMANAPPA R/AT HOSAKOTE TALUK DASARAHALLI, JODIDASARAHALLI BANGALOR RURAL-562114. 32. H.C. RAJANNA AGE MAJOR S/O CHIKKALAKSHMAIAH R/AT NO 126, HURLIKERE MILK DIARY RAMANAGARA TALUK KAILANCHA VILLAGE RAMANAGARA DISTRICT-586103. 33.
RAMACHANDRAIAH AGED MAJOR R/AT 15TH CROSS ADJACENT TO MASJID LAKKASANDRA, BANGALORE-560027. 34. SMT. CHANDRAMMA AGE MAJOR W/O RAMACHANDRAIAHA R/AT 15TH CROSS ADJACENT TO MASJID LAKASANDRA, BANGALORE-560027. 35. MUNILAKSHMI @ LAKSHMI AGED MAJOR D/O MUNISWAMY W/O N.K. ASHWATH R/AT NADUVATHI VILLAGE AND POST JADIGENAHALLI HOBLI HOSAKOTE TALUK-560087 BENGALURU RURAL DISTRICT
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36. MANJUNATH AGED MAJOR S/O MUNISWAMY R/AT AJJAGONDANAHALLI VILLAGE MUTHSANDRA POST ANUGONDANAHALLI HOBLI HOSAKOTE TALUK, BANGALORE-560087. 37. THE INSPECTOR GENERAL OF REGISTRATION OF STAMPS IN KARNATAKA REP. BY ITS COMMISSIONER 8TH FLOOR, KANDAYA BHAVAN K G ROAD, BENGALURU-560001. 38. THE DISTRICT REGISTRAR BANGALORE RURAL DISTRICT B-89, 3RD FLOOR RAJAJINAGAR INDUSTRIAL TOWN RAJAJINAGAR BANGALORE-560023. 39. THE SENIOR SUB REGISTRAR HOSAKOTE MINI VIDHANA SOUDHA PREMISES HOSAKOTE BANGALORE RURAL DISTRICT-562114. ...RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4 AND R37 TO R39;
SRI. P.B. RAJU, ADVOCATE FOR R6 AND R32;
SRI. SYED AKBAR PASHA, ADVOCATE FOR R11;
SRI. B.R. VISWANATH, ADVOCATE FOR R27;
R5, R21 TO R23, R25, R26 AND R28 ARE SERVED AND UNREPRESENTED;
R19, R20, R24, R26, R29 AND R30 ARE MINORS AND REPRESENTED BY THEIR NATURAL GUARDIANS;
V/O DATED 11.03.2025, NOTICE TO R7 AND R36 IS HELD SUFFICIENT;
V/O DATED 29.04.2025, AWAITING NOTICE IN RESPECT OF R9, R12 TO R18, R31 AND R35 AND SERVICE OF NOTICE TO UNSERVED RESPONDENTS IS NOT NECESSARY)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND PRAYING TO QUASH THE ENTRIES OF INDEX W.R.T DOCUMENTS BEARING NO.HSK-I, 15341/2022/23 IN PAGES NO.1 TO 17 VIDE ANNEXURE-N AND ENTRIES OF INDEX W.R.T DOCUMENTS BEARING NO.HSK-I, 15342-2022-23 IN PAGES NO.1 TO 9 VIDE ANNEXURE P, MAINTAINED BY THE RESPONDENT NO.39 AND QUASH THE REGISTRATION ACCORDED BY RESPONDENT NO.39 IN CONTRAVENTION TO RULE 123 AND 133 OF KARNATAKA REGISTRATION RULES AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. An order made in favour of petitioners was challenged by preferring an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964 by A.C.Muniyamma. 2. The Assistant Commissioner accepted the appeal and came to the conclusion that the land in question had been granted to A.C.Muniyamma, while she was a minor, through her father as the guardian and in the light of the said order of the Special Deputy Commissioner conferring occupancy rights on her
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exclusively, the entries were required to be orderd in her name. 3. This order of the Assistant Commissioner was challenged before the Deputy Commissioner and the Deputy Commissioner has dismissed the Revision. As a consequence, the Revision petitioners are before this Court. 4. It is not in dispute that the land in question was granted to A.C.Muniyamma by the Special Deputy Commissioner for the Abolition of Inams on 21.09.1962 in the following terms –
“The three persons by name Sri.Chikka Munisamappa S/o Muniswamappa, 2) Sri.Muniyappa and 3) Gullappa have preferred claim over the above four S.Nos. These four S.Nos. stand in the name of Sri. Chikka Munisamappa, the first petitioner. Petitioners 2 and 3 are stated to be brothers of the first Petitioners. These two persons have also claimed these lands. They all belong to the joint family and the first Petitioner is the Manager of the family and the said lands are stated to have been
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given to the wife of the first Petitioner by one Sri.Muthaiah, the father in law of the first Petitioner. It is seen from the Kandayam receipts produced and statement of the first Petitioner that the above four S.Nos. are not ancestral properties to decide whether joint family huk could be established. The first Petitioner has also sent an application on 18.9.62 requesting to register these lands in favour of his minor daughter Smt.A.C.Muniyamma treating him as minor guardian. Jodidar also admits in his agreement dated 8.1.61 that the properties were belonging to one Sri.Muthappa, who granted them to his only daughter Smt. Gullamma after his life time.
Smt.Gullamma alias Muniyamma is no more as seen from the records and she had left her only daughter Smt. A.C.Muniyamma. As the properties have come to the share of the first daughter Petitioner from her father, who is also the legal heir to the properties. Hence the above four S.Nos. are registered in the name of Smt.A.C.Muniyamma with minor guardian Sri.Chikka Munisamappa, the father and first Petitioner under Section 5 of the Act without premium as the assessment paid by the Petitioner is less to the land revenue now fixed.”
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5. Thus, as could be seen from the above order, the land was essentially the land belonging to the mother of A.C.Muniyamma and it is for this reason the Special Deputy Commissioner specifically ordered that the land be re-granted to the minor daughter A.C.Muniyamma, however, through her father as the guardian. 6. It is submitted that despite the order of re-grant in the year 1962, a partition was entered into between A.C.Muniyamma and her uncles on 08.05.1974, wherein A.C.Muniyamma was also granted certain properties and A.C.Muniyamma had, in fact, executed a sale deed in favour of one such property on 10.12.1987 thereby establishing that the partition that was entered into on 08.05.1974 was given effect to. 7. It is also stated that A.C.Muniyamma had instituted a suit in O.S. No.2592/2006 seeking for a declaration that she was the owner of the property that was
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granted to her by the Special Deputy Commissioner and in this suit there was an interim order directing her not to alienate the suit properties including Sy.No.53 measuring 8 acres, which is the subject matter of this Writ Petition. 8.
8. It is stated that during the pendency of this suit A.C.Muniyamma had also challenged the order of mutation which was based on the partition deed under which her uncles’ name was entered in the revenue records and on their deaths, to their respective legal heirs. 9. It is stated that the Assistant Commissioner allowed the appeal and directed the name of A.C.Muniyamma to be entered in the revenue records on the basis of the order of Special Deputy Commissioner, but made it clear that it was subject to the result of O.S. No.2592/2006 that she had filed. The order of the Assistant Commissioner was also confirmed in
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Revision by the Deputy Commissioner and also by way of Writ Petition in W.P. No.30631/2015. 10. It is submitted that about 8 years after the dismissal of the Writ Petition, A.C.Muniyamma withdrew O.S. No.2592/2006 and thereafter sold the property to respondent No.6 – M/s. Engineers Associates Private Limited in W.P. No.7363/2023. 11. It is, therefore, contended that since A.C.Muniyamma’s suit for declaration in O.S. No.2592/2006 was dismissed, the entries as it stood prior to the filing of the suit would have to be restored. 12. In W.P. No.3578/2023, a challenge is made to the sale deeds executed by A.C.Muniyamma in favour of respondent No.6 – M/s. Engineers Associates Private Limited in W.P. No.7363/2023 and consequential prayers are also sought to set aside the order of mutations made on the basis of the said sale deed
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and for restoration of the entries as it stood prior to the order of the Assistant Commissioner. 13. In so far as W.P. No.7363/2023, wherein prayers are made to quash the sale deed executed by A.C.Muniyamma, it is obvious that in Writ Petition filed under Article 226 of the Constitution of India, the prayer to quash a registered sale deed would be untenable. If the petitioners are aggrieved by the execution of sale deed their remedy lies elsewhere and they cannot file a Writ Petition seeking for quashing of the sale deeds. 14. As far as W.P. No.3578/2023, which is filed challenging the order of the Assistant Commissioner and that of the Deputy Commissioner, whereby the
order directing the name of A.C.Muniyamma to be restored in the revenue entries is challenged, it is not in dispute that the petitioner in W.P.No.3578/2023 has, in fact, filed a suit in O.S. No.310/2023 seeking for a declaration that the sale deed executed by
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A.C.Muniyamma in favour of respondent No.6 – M/s. Engineers Associates Private Limited in W.P. No.7363/2023 are null and void and not binding on them.
15. The fact that this suit is filed seeking for a declaration that the sale deed is null and void presupposes that there is a registered sale deed in favour of respondent No.6. Unless this prayer seeking for a declaration that the sale deed does not bind them and is null and void is granted, the petitioners cannot really challenge the entries made on the basis of the sale deed.
16. It will however, have to be held that in case O.S.No.310/2023 is decreed in favour of the petitioner in W.P. No.3578/2023 and it is declared that the sale deed in favour of respondent No.6 – M/s. Engineers Associates Private Limited in W.P.No.7363/2023 are declared to be null and void, the revenue entries made in favour of respondent
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No.6 would have to be set aside and the entries that as it stood before shall stand restored.
17. This Writ Petitions are, accordingly, disposed of.
18. It is needless to state that the suit that is filed by the petitioner in W.P. No. 3578/2023 shall be considered on its own merits and any observation made either by the revenue authorities or by this Court shall not be construed as an opinion being rendered on the merits of the claim of the petitioner.
19. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
HNM List No.: 1 Sl No.: 48