- 1 - NC: 2025:KHC:758 WP No. 40749 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 40749 OF 2019 (LB-BMP) BETWEEN: 1. MRS. T N REKHA W/O DR.B.R.RAMESH, AGED ABOUT 64 YEARS, RESIDIG AT CAUVERY BADAVANE, APPAYYA SWAMY ROAD, VIRAJPET, KODAGU-571218. ALSO AT NO.26, FIRST FLOOR, BASAPAP ROAD, SHANTHINAGAR, BENGALURU -027. SENIOR CITIZEN BENEFIT IS NOT CLAIMED BY THE PETITONER. …PETITIONER (BY SMT. SONU .S. ADVOCATE FOR SRI. RAJASHEKAR S., ADVOCATE) AND: 1. THE B.B.M.P HUDSON CIRCLE, BENGALURU 560002. REP. BY ITS COMMISSIONER. 2. THE ASST. REVENUE OFFICER B.B.M.P. SHANTHINAGARA SUB-DIVISION, 12TH FLOOR, PUB BUILDING, M.G.ROAD, BENGALURU-560001. 3. SMT ASHA JAGADISH Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:758 WP No. 40749 of 2019 W/O P.V.JAGADISH, AGED 70 YEARS, R/AT NO.26, GROUND FLOOR, BASAPPA ROAD, SHANTHINAGAR, BENGALURU-027. …RESPONDENTS (BY SRI. H.DEVENDRAPPA., ADVOCATE FOR R-1 & R-2; SRI. SANJAY NAIR., ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE ORDER DATED:27.1.2016 PASSED BY THE R-2 VIDE ANNEXURE-A, ETC. THIS PETITION, 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. This is a dispute between two sisters i.e., the petitioner and the 3rd respondent, who are the beneficiaries of the Will executed by their mother in respect of a house property. 2. It is not in dispute that pursuant to the Will, on the death of their mother, the property has stood bequeathed to them. It is also not in dispute that the litigation between the sisters ultimately concluded by - 3 - NC: 2025:KHC:758 WP No. 40749 of 2019 filing a compromise in RFA.No.123/2014, whereby the petitioner and the 3rd respondent agreed to divide the property in the manner indicated in the compromise petition. It is also not in dispute that annexed to the compromise petition was a sketch indicating the location of the structures and also the open space. 3. It appears that pursuant to the compromise, applications were made for bifurcation of khatha in terms of the compromise and the Assistant Revenue Officer (ARO) has bifurcated the khatha. However, the grievance of the petitioner is that bifurcation of khatha was not made in accordance with the compromise and the ARO has proceeded to bifurcate the khatha on the premise that each of the sisters have 50% undivided interest in the land. 4. It is pointed out that the structures were allotted to the sisters in the manner indicated in the compromise and it is therefore obvious that in - 4 - NC: 2025:KHC:758 WP No. 40749 of 2019 respect of structures allotted, the khatha should have been bifurcated in the name of the sisters and in respect of open space, the khatha should have been registered jointly in the name of the sisters. 5. In my view, this argument of the petitioner deserves acceptance. As could be seen from the compromise petition, the sisters were allotted the main house in the ground floor and out house in the first floor and vice versa i.e., main house in the first floor and out house in the ground floor. The sketch also indicates that there is some extent of open space available around the main house and the outhouse. 6. Since under the compromise, only the structures have been divided, it is obvious that khatha in respect of entire property should be bifurcated in three parts. The two khathas should be registered in the name of the sisters in respect of their share in the structures as per the compromise petition and one Khatha should be assigned in the name of the - 5 - NC: 2025:KHC:758 WP No. 40749 of 2019 sisters jointly i.e., in respect of open space. I am therefore of the view that it would be necessary to direct the ARO to pass a fresh order bifurcating the khatha in such a manner that the structures available in the land is divided as per the compromise petition and open space around the structure be registered jointly in the name of the sisters. This exercise shall be completed within a period of two months. 7. Writ Petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 64