- 1 - HC-KAR NC: 2025:KHC-D:18734 WP No. 110054 of 2025 C/W WP No. 110065 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.110054 OF 2025 (KLR-RR/SUR) C/w WRIT PETITION NO.110065 OF 2025 IN W.P. NO.110054 OF 2025 BETWEEN: 1. SMT NILIMA RAO, W/O LATE Y ABHAYA KUMAR RAO, AGED ABOUT 40 YEARS, RESIDENT OF WARD NO. 32, MOHALLA NUARAGABAD, PS BHATTAH TOWN AND VILLAGE POST, LAUKARIA POLAUKARIA PS, BAIRIA, WEST CHAMPARAN, DISTRICT. BIHAR STATE. NOW RESIDING AT C/O N RAVI KUMAR, WARD NO. 4, JALALI SWAMY MASJIDI, TORANAGALLU RS, SANDUR TOWN, BALLARI DISTRICT 583123. 2. ABHYA RAO, D/O LATE Y ABHAYA RAO AGED ABOUT 18 YEARS, RESIDENT OF WARD NO. 32, MOHALLA NAURAGABAD PS BHATTAH TOWN AND VILLAGE POST, LAUKARIA POLAUKARIA PS, BAIRIA, WEST CHAMPARAN, DISTRICT. BIHAR STATE. NOW RESIDING AT C/O N RAVI KUMAR, WARD NO.4, JALALI SWAMY MASJIDI, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.29 10:49:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18734 WP No. 110054 of 2025 C/W WP No. 110065 of 2025 TORANAGALLU RS, SANDUR TOWN, BALLARI DISTRICT 583123 3. MINOR ARYA RAO, D/O LATE Y ABHAYA KUMAR RAO, AGED ABOUT 16 YEARS, RESIDENT OF WARD NO. 32, MOHALLA NUARAGABAD, PS BHATTAH TOWN AND VILLAGE POST, LAUKARIA POLAUKARIA PS, BAIRIA, WEST CHAMPARAN, DISTRICT. BIHAR STATE. NOW RESIDINGA AT C/O N RAVI KUMAR, WARD NO. 4 JALALI SWAMY MASJIDI, TORANAGALLU RS, SANDUR TOWN, BALLARI DISTRICT 583123 …PETITIONERS (BY SRI. SABEEL AHMED DARVESHU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, BENGALURU 560001. 2. THE DEPUTY COMMISSIONER BALLARI DISTRICT, BALLARI 583101. 3. THE TAHASILDAR SANDUR TALUK, BALLARI DISTRICT. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE - 3 - HC-KAR NC: 2025:KHC-D:18734 WP No. 110054 of 2025 C/W WP No. 110065 of 2025 A WRIT OF MANDMAUS DIRECTING THE RESPONDENT NO.3 TO MAKE AN ENTRY OF PETITIONER NAME IN RTCS IN RESPECT OF SY NO. 160/*/A1 MEASURING 2.45 ACRES SITUATED AT VADDU VILLAGE, SANDUR TALUK OF PURSUANT TO THEIR APPLICATION AT ANNEXUR-B DATED 07.07.2025 RESPECTIVELY AND ETC.,. IN W.P. NO.110065/2025 BETWEEN: 1. SMT. NILIMA RAO, W/O. LATE Y. ABHAYA KUMAR RAO AGED ABOUT 40 YEARS, RESIDENT OF WARD NO.32, MOHALLA NUARAGABAD, PS BHATTAH TOWN AND VILLAGE POST, LAUKARIA POLAUKARIA PS, BAIRIA, WEST CHAMPARAN, DISTRICT BIHAR STATE. NOW RESIDING AT C/O. N. RAVI KUMAR WARD NO.4, JALALI SWAMY MASJIDI, TORNAGALL RS, SANDUR TOWN, BALLARI DISTRICT-583 123. 2. ABHYA RAO, D/O. LATE Y. ABHAYA KUMAR RAO AGED ABOUT 18 YEARS, RESIDENT OF WARD NO.32, MOHALLA NUARAGABAD, P S BHATTAH TOWN AND VILLAGE POST, LAUKARIA POLAUKARIA PS, BAIRIA WEST CHAPARAN, DISTRICT BIHAR STATE. NOW RESIDING AT C/O. N. RAVI KUMAR, WARD NO.4, JALALI SWAMY MASJIDI, TORNAGALLU RS, SANDUR TOWN, BALLARI DSITRICT 583 123. 3. MIONOR ARYA RAO, D/O. LATE Y. ABHAYA KUMAR RAO AGED ABOUT 16 YEARS RESIDENT OF WARD NO.32, - 4 - HC-KAR NC: 2025:KHC-D:18734 WP No. 110054 of 2025 C/W WP No. 110065 of 2025 MOHALLA NUARAGABAD, P S BHATTAH TOWN AND VILLAGE POST, LAUKARIA POLAUKARIA PS, BAIRIA WEST CHAMPARAN, DISTRICT BIHAR STATE NOW RESIDING AT C/O. N. RAVI KUMAR WARD NO.4. JALALI SWAMY MASJIDI, TORNAGALLU R S, SANDUR TOWN, BALLARI DSITRICT 583 123. MINOR ARYA RAO IS IN CARE AND CUSTODY OF HER NATURAL GUARDIAN MOTHER – SMT. NILIMA RAO, W/O. LATE Y. ABHAYA KUMAR RAO. …PETITIONERS (BY SRI SABEEL AHMED DARVESHU, ADVOCATE) AND: 1. SMT. JAYALAKSHMI, W/O. LATE Y. KOMAL REDDY AGED ABOUT 64 YEARS RESIDENT OF VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583119. 2. SRI Y. BASAVA REDDY, S/O. KOMAL REDDY AGED ABOUT 40 YEARS, RESIDENT OF VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583119. 3. SRI Y. SHIVA REDDY, S/O. KOMAL REDDY AGED ABOUT 37 YEARS RESIDENT OF VADDU VILLAGE, SANDUR TALUK, BALLARI DISTRICT-583119. …RESPONDENTS - 5 - HC-KAR NC: 2025:KHC-D:18734 WP No. 110054 of 2025 C/W WP No. 110065 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE ORDER OR DIRECTING THE TRAIL COURT VIZ., CIVIL JUDGE AT SANDUR, ARISING OUT OF EX-PARTE JUDGMENT AND DECREE IN O.S.NO.115/2019, IN CIVIL MISC.NO.9/2022 TO DISPOSE OF THE CIVIL MISC.NO.9/2022 WITHIN A REASONABLE PERIOD, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER Since both the writ petitions are interconnected, they are taken up together for consideration, and are disposed of at ‘Orders’ stage. 2. The petitioners in both the petitions are the legal heirs of one Y.Abhaya Kumar Rao, who purchased the land bearing Survey No.160/*/A1, measuring 2.45 acres situated at Vaddu Village, Sandur Taluk, under a registered Sale Deed dated 16.03.2009. - 6 - HC-KAR NC: 2025:KHC-D:18734 WP No. 110054 of 2025 C/W WP No. 110065 of 2025 3. In Writ Petition No.110065/2025, the grievance relates to an ex parte preliminary decree passed in a partition suit, contending that the decree is obtained by arraying the deceased husband as a party and pendency of Civil Miscellaneous No.9/2022 filed for setting aside the said decree. 4. In the Writ Petition No.110054/2025, the grievance pertains to the non-mutation of the petitioners’ name in the revenue records (RTCs) despite submission of a representation to the Tashildar seeking mutation on the strength of the registered sale deed. 5. Learned counsel for the petitioners contends that the ex parte decree passed against a dead person is a nullity and pendency of the miscellaneous proceedings is causing prejudice. It is submitted that the revenue authorities have failed to discharge their statutory obligation by not effecting - 7 - HC-KAR NC: 2025:KHC-D:18734 WP No. 110054 of 2025 C/W WP No. 110065 of 2025 mutation. The inaction of the authorities and pendency before the Civil Court justify the invocation of the writ jurisdiction and direction for early disposal of the civil proceedings is sought in this writ petition. 6. This Court has carefully considered the submission and perused the material on record. 7. The dispute relating to the validity of the ex parte decree and the rights flowing therefrom is fairly within the domain of civil Court. The petitioners have already availed the appropriate remedy by filing Civil Miscellaneous No.9/2022, which is pending consideration. Unless exceptional circumstances are made out, this Court cannot invoke supervisory jurisdiction under Articles 226 and 227. 8. Mutation entries are subject to outcome of the civil dispute. When the title itself is under - 8 - HC-KAR NC: 2025:KHC-D:18734 WP No. 110054 of 2025 C/W WP No. 110065 of 2025 adjudication before the competent civil Court, the revenue authroites are justified in exercising restraint. The mutation does not confer title, and issuance of a mandamus at this stage would amount to prejudging issues pending before the civil Court. Mere pendency of a civil miscellaneous petition, without demonstrable arbitrariness or deliberate delay attributable to the Court, does not warrant a direction for early disposal. Granting such direction would amount to giving preferential treatment, which is impermissible. The petitioners are already before the competent civil Court and all issues including the validity of the decree and consequential relief can be effectively adjudicated therein. 9. For the above reasons, this Court is of the considered view that, the disputes raised are civil in nature and the petitioners have already invoked the appropriate remedies before the competent forum, - 9 - HC-KAR NC: 2025:KHC-D:18734 WP No. 110054 of 2025 C/W WP No. 110065 of 2025 and no case is made out for issuance of writ of mandamus or granting of direction for early disposal of the civil proceedings. Accordingly, both the writ petitions are dismissed, reserving liberty to the petitioners to pursue their remedies before the competent civil court in accordance with law. No opinion is expressed on the merits of the civil dispute. Sd/- (K.S.HEMALEKHA) JUDGE KMS List No.: 1 Sl No.: 9