Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3550 WP No. 35755 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 35755 OF 2024 (KLR-RR/SUR) BETWEEN:
SMT. R. SUJATHA AGED ABOUT 44 YEARS, W/O H. PARAMESH, NO.412, 14TH C CROSS, 2ND STAGE, 2ND PHASE, MAHALAKSHMIPURAM, BENGALURU-560 065 …PETITIONER (BY SRI. BHARATH KUMAR S., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001
2.
THE ASSISTANT COMMISSIONER, DODDABALAPURA, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, DODDABALLAPURA-561 203
3.
THE TAHASILDAR NELAMANGALA TALUK, Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:3550 WP No. 35755 of 2024 BENGALURU RURAL DISTRICT, NELAMANGALA-562 123 …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION DATED 11.11.2024, 14.11.2024 AND 14.11.2024 GIVEN BY THE PETITIONER VIDE ANNEXURE-G, H AND J
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner is seeking mandamus to direct the respondents to mutate the petitioner's name on the ground that it is the petitioner's joint family ancestors property and the petitioner has legitimate right and a suit for partition is already pending in O.S.No.347/2012.
2.
Learned Counsel for the petitioner further contends that his brother who is arrayed as defendant No.4 in O.S.No.347/2012, is making attempts to alienate
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NC: 2025:KHC:3550 WP No. 35755 of 2024 the properties, which are standing in his name, pending
consideration of the partition suit in O.S.No.347/2012.
3. This Court is not inclined to grant any injunction having regard to the fact that the petitioner has already approached the competent Civil Court and a suit seeking partition is filed in O.S. No.347/2012. If the petitioner apprehends that her brother is likely to create third party rights, nothing precludes the petitioner from seeking appropriate orders from the hands of the trial court.
4. Reserving such liberty to the petitioner to seek appropriate relief, this petition stands disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE JJ List No.: 1 Sl No.: 26 CT:SNN