SRI. SHAMBAIAH ALIAS SOMBAPPA v. STATE OF KARNATAKA
WP/13052/2026 · 2026-06-05
E S Indiresh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19500 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19500 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:26660 WP No. 13052 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 13052 OF 2026 (KLR-RES) BETWEEN:
1. SRI. SHAMBAIAH ALIAS SOMBAPPA SINCE DEAD BY HIS LR'S
SMT. MUNIYAMMA. W/O. LATE. SHAMBAIAH, AGED ABOUT 70 YEARS,
2. SMT. LAKSHMAMMA D/O. LATE SHAMBAIAH, W/O. SRI. RAMAKRISHNA, AGED ABOUT 53 YEARS, R/AT PANATHUR, ANEKAL TALUK, BANGALORE URBAN DISTRICT - 560 103. 3. SMT. VIMALAMMA D/O. LATE. SHAMBAIAH, W/O. CHINNAPPA, AGED ABOUT 52 YEARS, R/AT NO.1/32, MUTHUGANAPALLI, 1ST CROSS, 24TH MAIN, S. MUNUTHUGANAPALLI POST, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635 110. 4. SRI. RAJAPPA. S/O. LATE SHAMBAIAH, AGED ABOUT 49 YEARS,
5. SRI. NAGESH S/O. LATE SHAMBAIAH,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:26660 WP No. 13052 of 2026
AGED ABOUT 43 YEARS NO.1, 4 AND 5 ARE R/AT KOTHAJEEGUR VILLAGE, PEDDA BELAGONDANAHALLI POST, DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMIL TALUK - 635114. 6. SRI. RAJAPPA. S/O. LATE NANJAPPA, AGED ABOUT 46 YEARS, R/AT KOTTA JIGURU VILLAGE, KOMBARANAPALLI PANCHAYATH, DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMIL TALUK-635114. 7. SRI. MANJUNATH, S/O. LATE MADANAGIRIYAPPA @ PAPAIAH, AGED ABOUT 30 YEARS, R/AT MAYASANDRA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT - 562 106
(NOTE:- THE APPELLANT NO.1 I.E., LATE SHAMBAIAH DIED DURING PENDENCY OF PROCEEDINGS BEFORE THE RESPONDENT NO.2 AND HIS LR'S I.E., PETITIONERS 1 TO 5 HAVE COME ON RECORD. HOWEVER, THE LR'S ARE NOT SHOWN IN THE IMPUGNED ORDER OF THE 2ND RESPONDENT DESPITE FILING AMENDED PETITION BEFORE R-2) …PETITIONERS (BY SRI. VISWESWARAIAH. S, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001. - 3 -
HC-KAR NC: 2026:KHC:26660 WP No. 13052 of 2026
2. THE SPECIAL DEPUTY COMMISSIONER-2, KPLC BOARD ROOM, 2ND FLOOR, DEPUTY COMMISSIONER'S OFFICE, K.G.ROAD, BANGALORE - 560 009. 3. THE ASSISTANT COMMISSIONER, BANGALORE SOUTH SUB-DIVISION, KANDAYA BHAVANA, BANGALORE-560 009. 4. THE TAHSILDAR, ANEKAL TALUK, ANEKAL-562 106. 5. SRI. MADANAGIRIYAPPA, SINCE DEAD BY HIS LR'S
SMT. NAGAMMA W/O. LATE MADANAGIRIYAPPA, AGED ABOUT 64 YEARS,
6. SRI. SHAMBULINGA, S/O. LATE MADANAGIRIYAPPA, AGED ABOUT 43 YEARS,
7. SMT. LAKSHMI, D/O. LATE MADANAGIRIYAPPA, AGED ABOUT 38 YEARS,
8. SMT.
SUNANDA, D/O. LATE MADANAGIRIYAPPA, AGED ABOUT 35 YEARS,
NO.5 TO 8 ARE R/AT KOTHAJEEGUR VILLAGE, PEDDA BELAGONDANAHALLI POST, DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMIL TALUK - 635114. - 4 -
HC-KAR NC: 2026:KHC:26660 WP No. 13052 of 2026
9. SMT. BHAGYAMMA, D/O. LATE PAPAIAH, AGED ABOUT 36 YEARS, R/AT CHIKKABEGUR VILLAGE, BANGALORE SOUTH TALUK - 560 068. 10. SRI. JAGADEESH S/O. NANJUNDAPPA, AGED ABOUT 36 YEARS, R/AT D NO.175, DEVARULIMANGALAM, KAKKADASAM DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635 107. NOTE:- THE REPONDENT NO.3 I.E., LATE MADANAGIRIYAPPA DIED DURING PENDENCY OF PROCEEDINGS BEFORE THE RESPONDENT NO.2 AND HIS LR'S I.E., RESPONDENTS 5 TO 8 HAVE COME ON RECORD. HOWEVER. THE LR'S ARE NOT SHOWN IN THE IMPUGNED ORDER OF THE 2ND RESPONDENT DESPITE FILING AMENDED PETITION BEFORE R2) …RESPONDENTS (BY SRI. SPOORTHY HEGDE. N., HCGP FOR R1 TO 4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI/ANY OTHER APPROPRIATE WRIT OR DIRECTION FOR QUASHING/SETTING ASIDE THE ORDER PASSED BY THE FOURTH RESPONDENT IN CASE NO.RRT(D)CR/122/2020-21 DATED 18.02.2021, THE ORDER PASSED BY THE THIRD RESPONDENT IN CASE NO.R.A.(A) 504/2021 DATED 30.11.2022 AND THE ORDER PASSED BY THE SECOND RESPONDENT IN CASE NO.RP/422/2023 DATED 24.03.2026, PRODUCED AT ANNEXURE- D, E AND F RESPECTIVELY TO THE WRIT PETITION BY ALLOWING THIS PETITION WITH COSTS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
- 5 -
HC-KAR NC: 2026:KHC:26660 WP No. 13052 of 2026
ORAL ORDER Office objections are over-ruled.
2. Learned High Court Government Pleader accepts notice for respondent Nos.1 to 4.
3. In this writ petition, petitioners are assailing the
order dated 18.02.2021 in No.RRT(D)CR/122/2020-21 passed by respondent No.4, order dated 30.11.2022 in RA(A) 504/2021 by the respondent No.3 and the order dated 24.03.2026 in RP/422/2023 passed by the respondent No.2 vide Annexures-D, E and F respectively.
4. Heard the learned counsel appearing for the parties.
5. On careful consideration of the change of entry made by the respondent No.4 as per Annexure-C dated 18.02.2021 in RRT(D) CR/122/2020-21, it is apparent that the change of entry has been made as per the Court
order. The said order was challenged by the petitioners herein before the respondent Nos.3 and 4 and the
- 6 -
HC-KAR NC: 2026:KHC:26660 WP No. 13052 of 2026
respondents-authorities after considering the factual aspects on record, that as the mutation has been made pursuant to the Court order, dismissed the appeal and revision preferred by the petitioners herein.
6. It is not in dispute that the petitioners herein have preferred OS No.179/2022 before the competent Civil Judge at Anekal seeking relief of partition and separate possession.
7. In that view of the matter, I am of the view that, there is no perversity in the impugned orders passed by the respondent - authorities herein and the petitioners herein are required to prove their title in OS No.179/2022.
8. In that view of the matter, I do not find any merit to interfere with the impugned orders.
Accordingly, writ petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE
BKM/List No.: 1 Sl No.: 9