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2026 DAILYLAW 25129 (KAR)

SMT. YASHODHAMMA v. THE STATE OF KARNATAKA

WA/1306/2023 · 2026-06-29

Anu Sivaraman, Venkatesh Naik T

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32416-DB WA No. 1306 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT APPEAL NO.1306 OF 2023 (KLR) BETWEEN: 1. SMT. YASHODHAMMA W/O LATE P. K. BASAVARAAPPA, AGED ABOUT 75 YEARS, R/O D.NO. 1965/54, 3RD CROSS, VINAYAKA EXTENSION, VIDYANAGAR NAGAR, DAVANGERE - 577005 2. SMT SUDHA P B D/O LATE P. K. BASAVARAJAPPA, AGED ABOUT 53 YEARS, R/O D.NO. 1965/54, 3RD CROSS, VINAYAKA EXTENSION, VIDYANAGAR NAGAR, DAVANGERE - 577005 3. SRI VISHWANATH P B S/O LATE P. K. BASAVARAAPPA, AGED ABOUT 51 YEARS, R/O D.NO. 1965/54, 3RD CROSS, VINAYAKA EXTENSION, VIDYANAGAR NAGAR, DAVANGERE - 577005 4. SMT SAVITHA RANI D/O LATE P. K. BASAVARAAPPA, AGED ABOUT 46 YEARS, R/O D.NO. 1965/54, 3RD CROSS, VINAYAKA EXTENSION, VIDYANAGAR NAGAR, DAVANGERE - 577005 Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32416-DB WA No. 1306 of 2023 …APPELLANTS (BY SRI GURUMATH G. RUDRAMUNI SHARMA, SENIOR COUNSEL FOR SMT. GIRIJAMMA K.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDING BANGALORE - 560001 2. THE DEPUTY COMMISSIONER KAROOR INDUSTRIAL AREA, DAVANGERE HARIHARA ROAD DAVANGERE - 577006 3. THE ASSISTANT COMMISSIONER DAVANGERE SUB DIVISION DAVANGERE - 577001 4. THE TAHSILDAR DAVANGERE TALUK DAVANGERE - 577001 5. B G SHIVAMURTHAPPA S/O HANUMANTHAPPA ADOPTED S/O BASAPPA, AGED ABOUT 78 YEARS AGRICULTURIST, RESIDING AT KABBUR VILLAGE, MAYAKONDA HOBLI, DAVANGERE TALUK DAVANGERE DISTRICT - 577514 …RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA FOR R-1 TO R-4; SRI P.H. VIRUPAKSHAIAH, ADVOCATE FOR R-5) * * * THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 14.03.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WRIT PETITION NO.5676/2023(KLR) AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:32416-DB WA No. 1306 of 2023 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned Senior Counsel appearing for the appellants, the learned counsel appearing for the private respondents, and the learned Government Advocate. 2. The learned Senior Counsel appearing for the appellants submits that the appellants were parties to the suit as well as the second appeals filed against the judgment and decree dated 29.08.2020, which is relied upon by the writ petitioners to seek mutation in the revenue entries. It is submitted that, since the appeals are admittedly pending, the filing of the writ petition without impleading the appellants herein as parties and seeking directions to the revenue authorities to effect mutation on the basis of the decree, which is the subject matter of the appeals, was unwarranted. 3. Having considered the contentions advanced, we notice that the learned Single Judge has directed only the consideration of the representation preferred by the writ petitioners. However, it is to be noticed that, as against the - 4 - HC-KAR NC: 2026:KHC:32416-DB WA No. 1306 of 2023 judgment and decree dated 29.08.2020, RSA Nos.124/2021 and 125/2021 are pending, and RSA No.956/2021 filed by respondent No.5 herein is also pending. It is in the meanwhile that the aforesaid directions have been obtained. We are of the opinion that, since the question of title itself is pending in the Regular Second Appeals, the direction for considering the request for mutation will have to await the result of the RSAs. 4. In the above view of the matter, the appeal is disposed of by directing that the representations shall be considered in terms of the result of the RSAs pending against the judgment and decree dated 29.08.2020. The judgment of the learned Single Judge is modified accordingly. Pending interlocutory applications shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 23