- 1 - HC-KAR NC: 2025:KHC:53095 RSA No. 75 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.75 OF 2025 (DEC/INJ) BETWEEN: 1. SMT. KEMPAMMA WIFE OF LATE JUNJAPPA AGED ABOUT 81 YEARS 2. SRI. MUNIYAPPA SON OF LATE JUNJAPPA AGED ABOUT 59 YEARS 3. SRI KRISHNAPPA WIFE OF LATE JUNJAPPA AGED ABOUT 48 YEARS 4. SMT. LAKSHMAMMA DAUGHTER OF LATE JUNJAPPA AGED ABOUT 65 YEARS 5. SMT. HANUMAKKA DAUGHTER OF LATE JUNJAPPA AGED ABOUT 53 YEARS ALL THE APPELLANTS ARE R/AT DODDADASARAHALLI VILLAGE SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT - 562 114 …APPELLANTS (BY SRI. C SHANKAR REDDY, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53095 RSA No. 75 of 2025 AND: 1. GOVERNMENT OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560001 2. ASSISTANT COMMISSIONER, CHIKKABALLAPURA – 562101 3. TAHSILDAR SIDLAGHATTA TALUK - 562 105 4. SMT. MUNEMMA WIFE OF MUNIYAPPA, AGED ABOUT 71 YEARS 5. SMT. JAYAMMA DAUGHTER OF MUNIYAPPA AGED ABOUT 46 YEARS 6. SMT. RATHNAMMA WIFE OF LATE LAKSHMAPPA AGED ABOUT 41 YEARS 7. SRI SHIVANANDA SON OF LATE LAKSHMAPPA AGED ABOUT 25 YEARS 8. SRI AMBAREESH SON OF LATE LAKSHMAPPA AGED ABOUT 24 YEARS 9. SRI M N DAS SON OF MUNIYAPPA AGED ABOUT 49 YEARS RESPONDENTS 4 TO 9 ARE R/AT SORAKAYALAHALLI VILLAGE KASABA HOBLI - 3 - HC-KAR NC: 2025:KHC:53095 RSA No. 75 of 2025 SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT - 563 114 …RESPONDENTS (BY SRI S H RAGHAVENDRA, AGA FOR R1 TO R3; SRI G BALAKRISHNA SHASTRY, ADVOCATE FOR R4 TO R9) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.09.2024 PASSED IN R.A.NO.68/2019 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, SITTING AT CHINTAMANI AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellants files a memo stating that the matter under the PTCL Act is pending on the file of the Assistant Commissioner, Chikkaballapura Sub- Division, Chikkaballapura. - 4 - HC-KAR NC: 2025:KHC:53095 RSA No. 75 of 2025 2. This second appeal is filed against the dismissal of the suit filed in O.S.No.23/2008 for the relief of declaration and permanent injunction as well as against the confirmation order passed in R.A.No.68/2019. The First Appellate Court while considering the material on record, in paragraph 26 taken note that Ex.D11 and Ex.D13 clearly disclose that the suit property is the subject matter before the authorities under PTCL Act. Both the parties have not produced any materials to show that the petition is closed before the concerned authorities under the PTCL Act. Hence, comes to the conclusion that when the petition under the PTCL Act is pending before the concerned authorities, the plaintiffs have no right to seek the relief before this Court. 3. Now, the learned counsel for the appellants also filed a memo stating the matter is pending before the Assistant Commissioner. In view of the memo dated 15.12.2025 wherein it discloses that the matter is pending before the Assistant Commissioner and issue involved between the parties also that when the matter is pending before the authorities, question of granting the relief of declaration does not arise. In view of the - 5 - HC-KAR NC: 2025:KHC:53095 RSA No. 75 of 2025 pendency of the matter before the Assistant Commissioner considering Section 4 and 5 of PTCL Act, the Civil Court cannot grant the relief. Hence, liberty is given to the appellants to approach the Court after the determination of right of the parties before the Assistant Commissioner. Accordingly, this second appeal is disposed of. Sd/- (H.P.SANDESH) JUDGE SN