- 1 - HC-KAR NC: 2025:KHC:20500 WP No. 7637 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.7637 OF 2025 (LB-RES) BETWEEN: 1. J SARALA DEVI W/O LATE K.JAYACHANDRA PRASAD PROPRIETORIX OF M/S JANATHA SAW MILL AGED ABOUT 64 YEARS NO.1328/1741, B-M ROAD VIVEKANANDANAGAR RAMANAGARA-562 159 2. M/S.JANATHA SAW MILL, 'THE SOLE PROPRIETOR FIRM' NO.1328/1741, B-M ROAD VIVEKANANDANAGAR RAMANAGARA-562 159 REPRESENTED BY SMT. J.SARALA DEVI W/O LATE K.JAYACHANDRA PRASAD AGED ABOUT 64 YEARS THE SOLE PROPRIETOR OF M/S JANATHA SAW MILL …PETITIONERS (BY SRI. NAGARAJA RAO K S, ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20500 WP No. 7637 of 2025 AND: 1. 2. THE COMMISSIONER RAMANAGARA CITY MUNICIPAL COUNCIL (CMC) OLD B-M ROAD RAMANAGARA-562159 K.MANMOHAN PRASAD S/O LATE KRISHNAMURTHY PRASAD AGED ABOUT 65 YEARS RESIDING AT NO.782, BALEPET RAMANAGARAM RAMANAGARAM DISTRICT - 562159 …RESPONDENTS (BY SRI.A.NAGARAJAPPA, ADVOCATE FOR R.1; SRI.B.K.CHANDRASHEKAR, ADVOCATE FOR R.2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO REMOVE THE WITHHOLDING OF THE E-KHATHA ON ITS OFFICIAL ONLINE PORTAL IN THEIR OFFICIAL RECORDS PERTAINING TO THE PROPERTY BEARING NO.1328/1741, B.M.ROAD VIVEKANANDANAGAR, RAMANAGAR - 562159 WHEREIN M/S JANATHA SAW MILL IS RUNNING BELONGING TO THE PETITIONERS ON CONSIDERATION OF ANNEXURE-N 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 - HC-KAR NC: 2025:KHC:20500 WP No. 7637 of 2025 ORAL ORDER The petitioners, in the captioned writ petition, are seeking mandamus against the respondents as they have withheld the E-Khatha on its Official Online portal in the official records pertaining to the property bearing No.1328/1741, B.M.Road, Vivekanandanagar, Ramanagara - 562159. Alleging inaction on the part of the respondents, this captioned writ petition is filed. 2. Learned counsel appearing for the impleading applicant has drawn the attention of this Court to the fact that the petition property was the subject matter of a partition suit in O.S.No.73/2011, in which a preliminary decree has been passed declaring the rights of both the impleading applicant and the petitioners. It is submitted that in terms of the said decree, the impleading applicant has been declared entitled to a share in the joint family property. Learned counsel for the petitioners does not dispute the existence of such a decree and submits that - 4 - HC-KAR NC: 2025:KHC:20500 WP No. 7637 of 2025 the same has been challenged by the petitioners in RFA No.34/2011, which is presently pending before this Court. 3. In light of the above factual matrix, and considering the finding rendered by the competent Civil Court in O.S. No.73/2011 declaring the property in question to be joint family ancestral property, this Court is of the considered view that the petitioners cannot be permitted to seek a writ of mandamus for issuance of E-Katha exclusively in their favour. Once the Civil Court has adjudicated upon the nature of the property and held that the impleading applicants are entitled to a legitimate share therein, the petitioners cannot, during the pendency of the appeal, seek to exclude the rights of other co-sharers by obtaining mutation exclusively in their names. Accordingly, the writ petition stands disposed of, reserving liberty to the petitioners to submit an - 5 - HC-KAR NC: 2025:KHC:20500 WP No. 7637 of 2025 appropriate representation before the competent authority after disposal of RFA No.34/2011 pending before this Court. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 12