- 1 - NC: 2025:KHC-D:5432-DB WA No. 100217 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100217 OF 2023 (KLR-RR/SUR) BETWEEN: SMT. TAYYAMMA, W/O LATE E. PRAKASH AGE. 65 YEARS, OCC. HOUSEHOLD, R/O. H.NO. 364(OLD) 99(NEW) 27TH WARD, GOLA STREET, KOWAL BAZAAR, BALLARI, TQ AND DIST. BALLARI-583101. …APPELLANT (BY SRI. S.B. ANCHATGERI, ADVOCATE) AND: 1. TIPPAMMA, W/O LATE E. RAMAYYA, AGE. 71 YEARS, OCC. HOUSEHOLD, 2. SMT. E.VANITHA, D/O LATE E. RAMAYYA, AGE. 52 YEARS, OCC. HOUSEHOLD, 3. E. ASHOK, S/O LATE E.RAMAYYA, AGE. 49 YEARS, OCC. PRIVATE SERVICE, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5432-DB WA No. 100217 of 2023 4. SMT. E. KASTHURI, D/O LATE E. RAMAYYA, AGE. 41 YEARS, OCC. HOUSEHOLD, 5. E. NAGARAJ, S/O LATE E RAMAYYA, AGE. 38 YEARS, OCC. HOUSEHOLD, ALL 1 TO 5 ARE R/O K.V.O.R COLONY, HAGARI BOMMANAHALLI, TQ. HAGARI BOMMANAHALLI, DIST. VIJAYANAGAR (BALLARI)-583212. 6. THE DEPUTY DIRECTOR OF LAND RECORDS AND SURVEY AND TECHNICAL ASSISTANT FOR DEPUTY COMMISSIONER BALLARI, DIST BALLARI-583101. 7. THE ASSISTANT DIRECTOR OF LAND RECORDS AND CITY SURVEY BALLARI, DIST. BALLARI-583101. …RESPONDENTS (BY SRI. MRUTYUNJAY HALLIKERI, ADVOCATE FOR R1 TO R5 SRI. V.S. KALASURMATH, AGA FOR R6 & R7) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 30/01/2023 PASSED IN W.P.NO.103858/2022 BY LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND CALL FOR RELEVANT RECORDS IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:5432-DB WA No. 100217 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present intra-court appeal under Section 4 of the Karnataka High Court Act, 1961, is filed by the first respondent before the learned Single Judge calling in question the order dated 30.01.2023 passed in W.P. No.103858/2022. 2. The relevant facts are that the petitioners claim right, title and interest, through a registered Sale Deed dated 03.02.1987, in respect of properties bearing CTS No.19 and T.C.S. No.415 situated Kowal Bazaar, Ballari (hereinafter referred to as ‘the said properties’), which sale deed was executed by one Shantamma in favour of one E.Ramaiah who was the husband of petitioner No.1 and father of petitioners No.2 to 5. The petitioners’ challenged the order dated 02.03.2017 passed in Appeal No.127/2015-16 by respondent No.2-Deputy Director. The learned Single Judge, vide order dated 30.01.2023, set aside the said order dated 02.03.2017 passed in Appeal No.127/2015-16 and directed the revenue authorities to restore the mutation entries in favour of the husband of petitioner No.1. Being aggrieved, the present petition is filed. - 4 - NC: 2025:KHC-D:5432-DB WA No. 100217 of 2023 3. The appellant, who was respondent No.1 before the learned Single Jude, claims title to the said properties by virtue of Sale Deed dated 26.08.1959 as well as ‘Will’ dated 28.09.1989. It is the contention of the appellant/respondent No.1 that, by virtue of the Sale Deed dated 26.08.1959, one Narasamma purchased the property from Rukmini Bai and consequently, by virtue of bequest made by Narasamma by ‘Will’ dated 28.09.1989 in favour of E.Prakash, who is the husband of respondent No.1, title in the said property vests with respondent No.1. It is the further contention of the appellant that the respondent No.1 is in possession of the suit property and has constructed a house after obtaining a bank loan and that consequent to the order passed by the learned Single Judge, the name of the appellant/respondent No.1 in the revenue records has been changed. 4. It is forthcoming that the writ petitioners have filed a suit in O.S. No.608/2017 against the appellant/respondent No.1 before the Principal Civil Judge and JMFC, Ballari, seeking for declaration and possession of the said properties and that the said suit is pending adjudication. - 5 - NC: 2025:KHC-D:5432-DB WA No. 100217 of 2023 5. It is further not in dispute that the appellant/respondent No.1 is in possession of the said property. Although appellant/respondent No.1 contends that she is in possession of the property having acquired title to the same, it is the assertion of the writ petitioners that respondent No.1 has been permitted to reside in the said property. 6. In view of the aforementioned factual situation, it is just and proper that the present writ appeal be disposed of holding that the entries in the revenue records shall be made by the concerned statutory authorities in terms of the adjudication made in O.S. No.608/2017. Till adjudication of the suit, the said case number shall be entered in the revenue records. Accordingly, the writ appeal is disposed of. In view of disposal of the appeal, pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS LIST NO.: 1 SL NO.: 6