- 1 - NC: 2025:KHC:13065 WP No. 27634 of 2015 C/W WP No. 32410 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 27634 OF 2015 (KLR-RR/SUR) C/W WRIT PETITION NO. 32410 OF 2015 (KLR-RES) IN WP No. 27634/2015 BETWEEN: 1. SRI D V MANJUNATH S/O LATE VENKATASWAMY, AGED ABOUT 42 YEARS R/O DOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT. …PETITIONER (BY SRI. R.C. NAGARAJ., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BANGALORE. 2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB DIVISION, (ANEKAL) KANDAYA BHAVAN, K G ROAD, BANGALORE-560 009. 3. THE SPECIAL TAHSILDAR ANEKAL TALUK, ANEKAL, BANGALORE DISTRICT. 4. THE VILLAGE ACCOUNTANT Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13065 WP No. 27634 of 2015 C/W WP No. 32410 of 2015 THIGALACHOWDENAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT. 5. SMT KANAKAMMA W/O LATE RAMAIAH 6. SMT MANJULA W/O SUBRAMANI 7. SMT SUSHEELAMMA W/O LATE P NANJUNDA REDDY, 8. SMT RENUKA W/O BALASUNDARAM 9. SRI VENKATESH S/O LATE RAMAIAH 10. SRI SRINIVAS S/O LATE RAMAIAH 11. SRI NARAHARI S/O LATE RAMAIAH R-6 TO R-11 ARE R/AT THIGALACHOWDENAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT 12. SRI D S VEERANJANEYA S/O SHANKARAPPA @ PAPANNA, AGED ABOUT 49 YEARS R/O DOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT. 13. SRI GOPALA KRISHNA S/O PADMANABHA, CHAIRMAN,THE INTERNATIONAL SCHOOL OF CAMBRIDGE NAFL VALLEY, WHITEFIELD ROAD, - 3 - NC: 2025:KHC:13065 WP No. 27634 of 2015 C/W WP No. 32410 of 2015 NEAR DOMMASANDRA ,ANEKAL TALUK, BANGALORE. 14. K HARIKRISHNA S/O LATE KUPPASWAMY, SINCE DEAD BY HIS LRs., 14(a) SRI. H.KUBERA, S/O LATE K.HARIKRISHNA., AGED ABOUT 60 YEARS, 14(b) SMT. H. AMUDA, D/O LATE K.HARIKRISHNA, W/O SHANTHAKUMAR., AGED ABOUT 57 YEARS, 14(c) SRI.H.SATISH, S/O LATE K.HARIKRISHNA., AGED ABOUT 50 YEARS, 14(d) SRI.H.PRAKASH, S/O LATE K.HARIKRISHNA., AGED ABOUT 50 YEARS, 14(e) SRI.H.VINODKUMAR., S/O LATE K.HARIKRISHNA., AGED ABOUT 46 YEARS, ALL ARE R/AT No.7 ANEPALYA MAIN ROAD, ADUGODI POST, BENGALURU-560 030. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-4; SRI. V.VISHWANATH SETTY., ADVOCATE FOR R-5 TO R-11; SRI. H.M.VISHWANATH., ADVOCATE FOR R-12; SRI. D.R.RAVISHANKAR., SENIOR COUNSEL ALONG WITH SRI. G.S.PATIL., ADVOCATE FOR R-14(a) TO R-14(e); R-13 IS SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR - 4 - NC: 2025:KHC:13065 WP No. 27634 of 2015 C/W WP No. 32410 of 2015 RECORDS OF R.P. NO. 164/13-14 ON THE FILE OF THE R-1 AND QUASH THE IMPUGNED ORDER DATED 20.5.2015 PASSED IN R.P. NO. 164/13-14 BY THE R-1 VIDE ANNEXURE-A AS ILLEGAL, ETC. IN WP NO. 32410/2015 BETWEEN: 1. SMT KANAKAMMA W/O LATE RAMAIAH AGED ABOUT 80 YEARS 2. SMT MANJULA W/O SUBRAMANI AGED ABOUT 59 YEARS 3. SMT SUSHEELAMMA W/O LATE P NANJUNDA REDDY AGED ABOUT 57 YEARS 4. SMT RENUKA W/O BALASUNDARAM AGED ABOUT 55 YEARS 5. SHRI VENKATESH S/O RAMAIAH AGED ABOUT 53 YEARS 6. SHRI SHRINIVAS S/O LATE RAMAIAH AGED ABOUT 51 YEARS 7. SHRI NARAHARI S/O LATE RAMAIAH AGED ABOUT 50 YEARS ALL ARE R/AT THIGALACHOWDADENAHALLI VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT - 5 - NC: 2025:KHC:13065 WP No. 27634 of 2015 C/W WP No. 32410 of 2015 No.1 & 2 & 4 TO 7 HAVE GIVEN GPA TO PETITIONER No.3 TO CONTEST THE CASE ON THEIR BEHALF. ...PETITIONERS (BY SRI. VISWANATHA SETTY V., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560009 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION KEMPE GOWDA ROAD BENGALURU-560009 3. THE SPECIAL TAHSILDAR ANEKAL TALUK ANEKAL-562125 4. THE VILLAGE ACCOUNTANT THIGALACHOWDENAHALLI CIRCLE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT 5. SHRI D V MANJUNATH S/O LATE VENKATASWAMY AGED ABOUT 40 YEARS R/AT DOMMASANDRA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT 6. SHRI D S VEERANJANEYA S/O SHANKARAPPA @ PAPANNA AGED ABOUT 42 YEARS R/AT DOMMASANDRA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT 7. SHRI GOPALAKRISHNA S/O PADMANABHA MAJOR - 6 - NC: 2025:KHC:13065 WP No. 27634 of 2015 C/W WP No. 32410 of 2015 CHAIRMAN THE INTERNATIONAL SCHOOL OF BENGALURU CAMBRIDGE NAFL VALLEY WHITEFIELD ROAD, NEAR DOMMASANDRA SARJAPURA HOBLI, ANEKAL TALUK. 8. SHRI K HARIKRISHNA S/O LATE KUPPASWAMY AGED ABOUT 65 YEARS SINCE DEAD 8(a) SRI. H.KUBERA, S/O LATE K.HARIKRISHNA., AGED ABOUT 60 YEARS, 8(b) SMT. H. AMUDA, D/O LATE K.HARIKRISHNA, W/O SHANTHAKUMAR., AGED ABOUT 57 YEARS, 8(c) SRI.H.SATISH, S/O LATE K.HARIKRISHNA., AGED ABOUT 54YEARS, 8d) SRI.H.PRAKASH, S/O LATE K.HARIKRISHNA., AGED ABOUT 50 YEARS, 8e) SRI.H.VINODKUMAR., S/O LATE K.HARIKRISHNA., AGED ABOUT 46 YEARS, ALL ARE R/AT No.2 ANEPALYA MAIN ROAD, ADUGODI POST, BENGALURU-560 030. ...RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-4; SRI. D.R.RAVISHANKAR., SENIOR COUNSEL ALONG WITH G.S.PATIL., ADVOCATE FOR R-8(a) TO R-8(e); SRI. R.C.NAGARAJ., ADVOCATE FOR R-5; SRI. VISHWANATH.H.M., ADVOCATE FOR R-6; - 7 - NC: 2025:KHC:13065 WP No. 27634 of 2015 C/W WP No. 32410 of 2015 VIDE ORDER DATED:15.02.2023, NOTICE TO R-7 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF R-1 IN R.P.NO.164/2013-14 AND QUASH THE IMPUGNED ORDER DTD.20.5.2015 PASSED IN R.P.NO.164/13-14 BY THE R-1 VIDE ANNEXURE-N AS ILLEGAL, ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An order of mutation was made in M.R. No.46/2008- 09 in favour of D.V.Manjunath (petitioner in W.P. No.27634/2015) on the basis of a sale deed dated 09.07.2009 executed in his favour by the legal representatives of Ramaiah. 2. This order of mutation was challenged by the legal representatives of Ramaiah before the Assistant Commissioner in R.A.(A). No. 109/2010-11. - 8 - NC: 2025:KHC:13065 WP No. 27634 of 2015 C/W WP No. 32410 of 2015 3. The Assistant Commissioner, by an order dated 02.09.2013, dismissed the appeal and upheld the order of mutation made in M.R. No.46/2008-09. 4. As against this order passed in R.A.(A). No.109/2010-11, a Revision Petition was preferred by the legal representatives of Ramaiah in R.P. No.164/2013-14. 5. The Deputy Commissioner, by an order dated 20.02.2015 dismissed the Revision, but also held that the entries were required to be restored as per M.R. No.6/1974-75, which had been passed pursuant to a sale deed dated 18.05.1974 executed in favour of K. Harikrishna. 6. As against this order, the Revision petitioners i.e., the legal representatives of Ramaiah and the respondent in the Revision Petition – D.V.Manjunath have preferred W.P. No.32410/2015 and W.P. No.27634/2015 respectively. - 9 - NC: 2025:KHC:13065 WP No. 27634 of 2015 C/W WP No. 32410 of 2015 7. An order of mutation was made in M.R. No.46/2008- 09 in favour of the legal representatives of Ramaiah (on his demise) and this was challenged by K. Harikrishna by preferring an appeal to the Assistant Commissioner in R.A.(A). No.165/2010-11. 8. The Assistant Commissioner, by an order dated 08.09.2014, allowed the appeal and set aside the order of mutation made in favour of the legal representatives of Ramaiah and directed the entries to be restored pursuant to M.R. No.6/1974-75 (passed in favour of K. Harikrishna on the basis of the sale deed dated 18.5.1974). 9. This order of the Assistant Commissioner dated 08.09.2014 passed in R.A.(A). No.165/2010-11 is also challenged (by way of an amendment) in W.P. No. 27634/2015. 10. The petitioners in both the Writ Petitions claim that they have a right to get their names entered in the - 10 - NC: 2025:KHC:13065 WP No. 27634 of 2015 C/W WP No. 32410 of 2015 revenue records on the basis of inheritance and on the basis of the registered sale deeds respectively. 11. It may be pertinent to state here that K.Harikrishna, respondent No.14 also contends that the sale deed dated 18.05.1974 i.e., executed in his favour has not been set aside by the Civil Court and, therefore, his name is also required to be entered in the revenue records. 12. Be that as it may, it is admitted by K.Harikrishna that he has instituted a suit in O.S. No.440/2010 seeking for declaration and for possession and the same is pending consideration. 13. It is also admitted that another suit is filed in O.S. No.370/2010 by Kanakamma and others (legal representatives of Ramaiah) and the said suit is also pending consideration. It is, therefore, clear that notwithstanding, whatever had transpired between the parties in the earlier rounds of litigation, it is - 11 - NC: 2025:KHC:13065 WP No. 27634 of 2015 C/W WP No. 32410 of 2015 clear that the claim regarding title is pending adjudication in O.S. No.440/2010 and O.S. No.370/2010. 14. In the light of the pendency of these two suits, in my view, it would be appropriate to hold that the entries as it stood pursuant to M.R. No.42/2009-10 i.e., in favour of D.V. Manjunath shall continue in their RTC till an appropriate decree is passed in favour of Harikrishna or in favour of Kanakamma and others in O.S. No.440/2010 and 370/2010. If either Harikrishna or Kanakamma obtain a decree declaring their title, the revenue entries shall accordingly be mutated in their names. Writ Petition is, accordingly, disposed of. 15. It is needless to state that any observation made by the Revenue Authorities would in the course of the impugned orders would have no binding effect or bearing on the suits that are filed by Harikrishna and Kanakamma and others. The Civil Court shall - 12 - NC: 2025:KHC:13065 WP No. 27634 of 2015 C/W WP No. 32410 of 2015 determine the merits of the suits of both Harikrishna and Kanakamma with respect of their names. 16. The Civil Court shall also not take into consideration the revenue entries to be the determinative factor for establishing or determining the title of the parties as per M.R. No.42/2009-10. 17. It is made clear that by virtue of this order, the order of the Deputy Commissioner shall stand modified accordingly. 18. 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.: 37