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2026 DAILYLAW 29395 (KAR)

SRI NARYANAPPA v. THE TAHASILDAR

WP/31652/2025 · 2026-07-08

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34353 WP No. 31652 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.31652 OF 2025 (KLR-RES) BETWEEN: 1. SRI. NARYANAPPA S/O LATE ASHWATHAPPA, AGED ABOUT 61 YEARS, R/AT K.G.LAKKENAHALLI VILLAGE, BANGALORE NORTH TALUK, BENGALURU -562162. …PETITIONER (BY SRI. K.M. PRAKASH.,ADVOCATE) AND: 1. THE TAHASILDAR BANGALORE NORTH TALUK, BENGALURU - 560009. 2. ASSISTANT COMMISSIONER, BANGALORE NORTH SUB-DIVISION, BENGALURU -560009. 3. DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BENGALURU - 560009. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34353 WP No. 31652 of 2025 4. SRI. LAKSHMINARAYANA, S/O. LATE NAGANNA, AGED ABOUT 45 YEARS, R/AT K.G.LAKKENAHALLI VILLAGE, BAPAGRAMA POST, DASANPURA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 562162. 5. SRI. RAMAIAH, S/O. LATE ASHWATHAPPA, AGED ABOUT 46 YEARS R/AT K.G.LAKKENAHALLI VILLAGE, LAKSHMIPURA POST, DASANPURA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 562162. 6. SRI. SRINIVASAMURTHY, S/O. LATE ASHWATHAPPA, AGED ABOUT 46 YEARS, R/AT K.G.LAKKENAHALLI VILLAGE, LAKSHMIPURA POST, DASANPURA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 562162. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3; SRI. HARSHA D. JOSHI, ADVOCATE FOR R4 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21/08/2025 IN R.P. NO.475/2023 PASSED BY THE RESPONDENT NO. 3 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:34353 WP No. 31652 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioner is assailing the Order dated 21.08.2025 in R.P.No.475/2023 (Annexure-A) passed by the respondent No.3. 2. Having taken note of the submissions made by the learned counsel appearing for the parties, the respondent No.3 has interfered with the order passed by respondent No.2 in respect of the modification of the khata in respect of the private respondents herein. It is to be noted that the petitioner and private respondents claim to be legal heirs of late Ashwathappa who died intestate. It is to be noted that O.S.No.475/2013 has been filed by one of the co-parceners in the family - Smt. Manjula and the said suit came to be disposed of by compromise decree dated 26.08.2017 (Annexure-B). It is the case of the petitioner that petitioner has filed application seeking recalling the aforesaid compromise decree as there is inequitable distribution of the property in question. - 4 - HC-KAR NC: 2026:KHC:34353 WP No. 31652 of 2025 3. On the other hand, Sri. Harsha D. Joshi, learned counsel appearing for respondent Nos.4 to 6 submitted that Execution Petition No.16/2024 has been filed before the competent Civil Court to execute the compromise decree. Accordingly, taking into consideration that the dispute is pending between the petitioner as well as respondent Nos.4 to 6 who are the legal heirs of late Ashwathappa, I am of the view that, the impugned order passed by respondent No.3 at Annexure-A requires to be set aside. 4. Accordingly, I pass the following: ORDER (i) The Order dated 21.08.2025 in R.P.No.475/2023 passed by the respondent No.3 is set aside. (ii) The respondent No.1 is directed to enter the names of the children of late Ashwathappa i.e., petitioner as well as respondent Nos.4 to 6 in the mutation register in respect of the subject properties, in accordance with law. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 8