- 1 - NC: 2025:KHC:6412 WP No. 13911 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.13911 OF 2018 (KLR-RR/SUR) BETWEEN: SRI.SHIRIYARA MUDDANNA SHETTY S/O DUGGAPPA SHETTY AGED ABOUT 60 YEARS SHIRIYARA VILLAGE UDUPI TALUK UDUPI DISTRICT-576209 …PETITIONER (BY SRI.AJITH ANAND SHETTY, ADVOCATE) AND: 1. DEPUTY COMMISSIONER UDUPI DISTRICT UDUPI - 576209 2. ASSISTANT COMMISSIONER KUNDAPURA SUB-DIVISION KUNDAPURA TALUK UDUPI DISTRICT-576209 3. DEPUTY TAHSILDAR BRAHMAVARA UDUPI -576209 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6412 WP No. 13911 of 2018 4. 5. SMT.PADMA HEGDE D/O LEELA HEGDE AGED ABOUT 45 YEARS SAIBARAKATTA SHIRIYARA VILLAGE UDUPI TALUK UDUPI DISTRICT-576209 SRI. JAYAPRAKASH D KARKIKAR S/O DAYANANDA KARKIKAR AGED ABOUT 56 YEARS RESIDING AT NEAR SYNDICATE BANK MURDESHWARA UTTARA KANNADA - 581 350 …RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R.1 TO R.3; R.5 -SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO CDSR P 36/2016-17 IN THE OFFICE OF THE R-3 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:6412 WP No. 13911 of 2018 ORAL ORDER The captioned writ petition is filed assailing the order dated 11.12.2017 passed by the Deputy Commissioner as per Annexure-C. 2. Learned counsel appearing for the petitioner has fairly conceded that the writ petition may not be survive for consideration in the light of the judgment rendered by this Court in W.P.No.14741/2020. 3. On examining the order cited supra, it is forthcoming that respondent No.1 - Deputy Commissioner suo-moto reviewed the order at Annexure-C and reversed. The order dated 02.11.2020 passed by the Deputy Commissioner was challenged before this Court in W.P.No.14741/2020. The Co-ordinate Bench has set-aside the order of review and has affirmed the order passed at Annexure-C. 4. Learned counsel for the petitioner submits that the petitioner has acquired title to the property through a - 4 - NC: 2025:KHC:6412 WP No. 13911 of 2018 registered sale deed dated 08.06.2015. Meanwhile, respondent No.5 filed a suit for specific performance against respondent No.4 and obtained a decree in his favor. Although respondent No.4 initially challenged the decree, the appeal was subsequently withdrawn. 5. In light of these developments, the petitioner has instituted a suit in O.S.No.878/2023 before the Civil Court, seeking a declaration of his title based on the registered sale deed and challenging the decree obtained by respondent No.5. Given the pending litigation, the petitioner requests that the RTC entries remain subject to the outcome of the suit. 6. Accepting the submissions made by the learned counsel appearing for the petitioner, the captioned writ petition is liable to be disposed off. Accordingly, the writ petition is disposed off. It is needless to mention that the entries in the RTC, which is based on the decree obtained by respondent - 5 - NC: 2025:KHC:6412 WP No. 13911 of 2018 No.5, shall be subject to the out come of the pending suit instituted by the petitioner in O.S. No.878/2023. All contention are kept open. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 1