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2025 DAILYLAW 33583 (KAR)

SMT S K NIRMALA GOWDA, v. THE STATE OF KARNATAKA

WP/26433/2024 · 2025-03-28

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:13227 WP No. 26433 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 26433 OF 2024 (KLR-RES) BETWEEN: 1. SMT S K NIRMALA GOWDA, D/O KRISHNE GOWDA. AGED ABOUT 54 YEARS, R/AT NO.136, 6TH CROSS, TEACHERS COLONY. J.P.NAGAR POST, BANGALORE-560 078. 2. SRI.V.GOPALAKRISHNA S/O MUNIVENKATAPPA, AGED ABOUT 71 YEARS, R/AT NO.585, HMT LAYOUT, VIDYARANYAPURA MAIN ROAD, BANGALORE-560 097. 3. SRI.M.R.ROHITH, S/O DASE GOWDA, AGED ABOUT 43 YEARS, GRAND SON OF SMT. CHOWDAMMA, R/AT NO.2309, 21ST CROSS, K.R.ROAD, BSK II STAGE, BANGALORE - 560 070. …PETITIONERS (BY Ms. VAIBHAVI BHAT., ADVOCATE FOR SRI. K S NARAYANA SWAMY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO DEPARTMENT OF REVENUE, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13227 WP No. 26433 of 2024 M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE TAHASILDAR, BANGALORE NORTH TALUK, BANGALORE-56001. …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TODIRECTING THE R- 2 TAHASILDAR TO EFFECT KATHA IN RESPECT OF 22 GUNTAS OF SY NO. 44/5 SITUATED AT OF CHOKKASANDRA VILLAGE YESHVANTHA PURA HOBLI BANGALORE NORTH TALUK IN FAVOUR OF THE PETITIONER IN TERMS OF THE DECREE PASSED IN RFA NO. 1400/2007. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. It is the case of the petitioners that their request for effecting khata in their name on the basis of the decree passed in RFA.No.1400/2007 has remained unconsidered and, therefore, they had filed the present writ petition. 2. It is the case of the petitioners that they had purchased 22 guntas of land in Sy.No.44/5 under a two Registered Sale Deed dated 12.08.1993 and, - 3 - NC: 2025:KHC:13227 WP No. 26433 of 2024 pursuant to the said Registered Sale Deed the khata was also mutated in favour of the petitioners vide M.R.No.1/1994-95 and M.R.No.2/1994-95. 3. It is their case that thereafter Muthappa filed a suit for partition, and, this suit was dismissed by the Civil Court. However, Muthappa carried the matter in appeal and, in the appeal, a compromise was entered into and a final decree was drawn up in terms of the compromise under which the title of the petitioners were confirmed. 4. It is the case of the petitioners that despite furnishing of this decree, the Authorities are yet to take action to register the khata in accordance with the terms of the compromise decree. 5. In the light of the above assertions, it would be appropriate to direct the Tahsildar to consider the claim of the petitioners for registering the khatha in terms of the compromise decree, especially having - 4 - NC: 2025:KHC:13227 WP No. 26433 of 2024 regard to the fact that the khata was already standing in the name of the petitioners prior to the institution of O.S.No.7030/1993. 6. This exercise shall be undertaken and completed within a period of three months from the date of receipt of the copy of this order. 7. This petition is accordingly disposed of. 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 4