- 1 - HC-KAR NC: 2026:KHC:19342-DB WA No. 241 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 241 OF 2025 (KLR-RES) BETWEEN: 1. GOVINDAPPA S/O. SANNAPPA AGED ABOUT 54 YEARS R/O. DODDAGHATTA VILLAGE BIRUR POST, KADUR TALUK CHIKKAMAGALURU 577 116 2. RAJAPPA S/O. SANNAPPA AGED ABOUT 50 YEARS R/O. DODDAGHATTA VILLAGE BIRUR POST, KADUR TALUK CHIKKAMAGALURU - 577 116 …APPELLANTS (BY SRI. SHEKAR L S., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, DR. BR AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU 577 116 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19342-DB WA No. 241 of 2025 3. THE ASSISTANT COMMISSIONER TARIKERE SUB-DIVISION TARIKERE CHIKKAMAGALURU - 577116 4. THE TAHASLIDHAR KADUR TALUK CHIKKAMAGALURU 577 116 5. THE REVENUE INSPECTOR BIRUR HOBLI, KADUR TALUK CHIKKAMAGALURU - 577 116 6. BASAPPA S/O. LATE SAGANAPPA AGED ABOUT 76 YEARS OCC. AGRICULTURIST R/A. DODDAGHATTA VILLAGE BIRUR POST, KADUR TALUK CHIKKAMAGALUR - 577 116 …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R1 TO R5; SRI HANUMANTHAPPA.B.HARAVIGOWDAR., ADVOCATE FOR C/R6) ******* THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 10.01.2025 PASSED IN WP 55/2025 (KLR-RES), ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2026:KHC:19342-DB WA No. 241 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 10.01.2025 passed by the Writ Court in W.P.No.55/25 (KLR-RES), which was filed by the 6th respondent herein. 2. Parties are referred to as per their ranking before the writ Court, for the sake of convenience. 3. The petitioner had filed Civil Suit in O.S.No.386/1988. The said civil suit came to be decreed, against which the defendant filed Regular Appeal No.99/2001. However, the said Regular Appeal was dismissed vide order dated 01.01.2004 on the basis of the Judgment and decree dated 15.04.2000 passed in O.S.No.386/1988, the petitioner sought mutation of entries in his name in respect of the suit schedule property in question. The Assistant Commissioner issued a direction to the Tahsildar to effect the petitioner's name in terms of the decree passed in O.S.No.386/1988 and confirmed by the - 4 - HC-KAR NC: 2026:KHC:19342-DB WA No. 241 of 2025 Appellate Court in Regular Appeal No.99/2001. However, the Deputy Commissioner vide order dated 24.12.2024 passed in Revision Petition No.23/2019-2020 filed by the respondent set aside the order passed by the Assistant Commissioner. 4. It is not a dispute that the petitioner has obtained the judgment and decree in O.S.No.386/1988 filed by him and the R.A.No.99/2001 filed by the defendant against the said judgment and decree was dismissed, thus the judgment and decree passed in the civil suit has attained finality. The suit schedule property has to be mutated in the name of the petitioner for which direction was issued by the Assistant Commissioner. The learned Single Judge in view of the aforesaid fact has allowed the petition. 5. We therefore, see no reason to set aside the impugned order dated 10.01.2025 passed by the learned Single Judge, except with a direction to the petitioner to produce the judgment and decree before the Assistant - 5 - HC-KAR NC: 2026:KHC:19342-DB WA No. 241 of 2025 Commissioner, who after examining the judgment and decree would pass necessary order and give direction to the Tahsildar to mutate the name of the petitioner strictly as per the judgment and decree passed in OS No.386/1988. 6. With the above observation, the appeal stands disposed of. 7. In view of disposal of the appeal, pending interlocutory applications, if any do not survive for consideration, hence stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE NG CT:SN List No.: 1 Sl No.: 21