SRI THIRUMALEGOWDA @ T M GOWDA v. THE CHIEF EXECUTIVE OFFICER
WP/7506/2014 · 2026-07-06
B M Shyam Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32897 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32897 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33673 WP No. 7506 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 7506 OF 2014 (LB-RES)
BETWEEN:
SRI THIRUMALEGOWDA @ T M GOWDA S/O LATE AKKANNAGOWDA AGED ABOUT 53 YEARS R/AT 592, 21ST MAIN ROAD 32ND CROSS, 4TH T BLOCK JAYANAGAR BANGALORE 41
…PETITIONER (BY SRI. SRIDHAR B R, ADVOCATE FOR SRI. M SHIVAPRAKASH., ADVOCATE) AND:
1. THE CHIEF EXECUTIVE OFFICER THE TALUK PANCHAYATH GUBBI TUMKUR DISTRICT 572213
2. THE PANCHAYATH DEVELOPMENT OFFICER THE C S PURA GRAMAPANCHAYATH GUBBI TALUK
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:33673 WP No. 7506 of 2014
TUMKUR DISTRICT 572213
3. 3[A]
3[B]
3[C] SRI K NARASIMHAMURTHY
SINCE DEAD BY HIS LR
SMT. SHIVAMMA W/O. LATE K. NARASIMHAMURTHY AGED ABOUT 63 YEARS
SRI. JAYAPRAKASH K N S/O LATE K. NARASIMHAMURTHY AGED ABOUT 43 YEARS BOTH ARE RESIDING AT NO/25 OLD NO.10, 8TH CROSS-EXAMINATION GELEYARA BALAGA, J C NAGARA NANDINI LAYOUT, BANGALORE - 96
SMT. RASHMI B R W/O. LATE LAKSHMISHA K N AGED ABOUT 37 YEARS R/AT NO.107, 1ST C MAIN, 4TH CROSS 2ND STAGE ATHMIYA GELEYARA BALAGA MAHALAKSHMI LAYOUT-86
4. SRI BOJARAJU S/O LATE UGRE GOWDA AGED ABOUT 55 YEARS R/AT NO.43, 30TH CROSS 2ND BLOCK RAJAJINAGAR BANGALORE 560010
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HC-KAR NC: 2026:KHC:33673 WP No. 7506 of 2014
5. SRI KANTHARAJU S/O LATE UGRE GOWDA AGED ABOUT 40 YEARS R/AT C KODIGEHALLI VILLGE C S PURA HOBLI GUBBI TALUK TUMKUR DISTRICT 572213
6. SRI BALAKRISHNA @ THAMMAIH S/O LATE UGRE GOWDA AGED ABOUT 50 YEARS R/AT C KODIGEHALLI VILLAGE C S PURA HOBLI GUBBI TALUK TUMKUR DISTRICT 572213
7. SRI K VIRUPAKSHE GOWDA S/O LATE UGRE GOWDA AGED ABOUT 48 YEARS R/AT NO.59/A 3RD A MAIN ROAD I PHASE 1ST STAGE, W C ROAD MANJUNATHANAGAR BANGALORE 560010
…RESPONDENTS (BY SRI. A NAGARAJAPPA, ADVOCATE FOR R1 & R2;
SRI. C. S. MADHU, ADVOCATE FOR R7; SRI.
S. V. PRAKASH, ADVOCATE FOR R4 & R5;
R6 SERVED, R3(C) SERVED;
V/O DTD 18.03.2026 R3(A & B) STANDS DISMISSED AS ABATED)
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HC-KAR NC: 2026:KHC:33673 WP No. 7506 of 2014
THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY R-1 DATED 31.8.2013 AT ANN-K CONSEQUENTLY TO RESTORE AND CONTINUE THE KHATHA IN THE NAME OF PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner's grievance is with the first respondent's order in V.P.C.No.4/2012-13 dated 31.08.2013 [Annexure - K]. The first respondent by this order has cancelled the revenue entries in favour of the petitioner for the property in No.681, Assessment No.848/864 of C. S. Pura Village, C. S. Pura Hobli, Gubbi Taluk [the subject property]. The petitioner is given the advantage of this revenue entry consequent to the Sale Deed dated 08.03.2012 executed by Mr. K. Narasimhamurthy, Mr. Bojaraju,
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HC-KAR NC: 2026:KHC:33673 WP No. 7506 of 2014
Mr. Kantharaju and Mr. Balakrishna @ Thammaiah [the third to sixth respondents]. This transaction is preceded by a Sale Agreement that is executed not just by these vendors but also by their brother, Mr. Virupakshe Gowda [the seventh respondent]. 2. As of the date of the sale deed, there were pending suits at the instance of Mr. Virupakshe Gowda against his family members. This Court could immediately refer to the suit in O.S.No.204/2009 on the file of the Civil Judge [Jr. Dvn), Gubbi, and that the application for a temporary injunction in this suit is rejected. It is also seen that Mr. Virupakshe Gowda has subsequently instituted a suit for declaration and injunction in O.S. No.141/2013 on the file of the Civil Judge [Jnr.Dn.] and JMFC, Gubbi and another suit in O.S. No.172/2013 for partition and separate possession on the file of the Civil Judge [Jnr.Dn.] and JMFC, Gubbi against the petitioner and his vendors
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HC-KAR NC: 2026:KHC:33673 WP No. 7506 of 2014
[the third to sixth respondents] asserting one-fourth right in the property. 3. The first respondent, in the light of these circumstances, has intervened to set aside the revenue entries in favour of the petitioner while restoring the entries in favour of the third to sixth respondents. Mr. Sridhar B R, the learned counsel for the petitioner, who submits that the suits in O.S No.141/2013 and O.S. No.172/2013 are still pending, and Mr. A. Nagarajappa, the learned counsel for the first and second respondents, are heard on whether there must be interference with the first respondent's order when this suit is pending. 4.
The complainant [the seventh respondent] with the first respondent is indubitably a party to the Agreement of Sale dated 27.02.2007 but because the revenue entries were in favour of only of his brothers [the vendors - the third to fifth respondents], they have executed the Sale Deed dated 08.03.2012 in favour of
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HC-KAR NC: 2026:KHC:33673 WP No. 7506 of 2014
the petitioner. The circumstances in which the vendors' names are entered in the revenue Register to the exclusion of the petitioner is a matter that will have to be examined in the pending suits while deciding on whether the seventh respondent is entitled to one-fourth or any other share in the subject property. 5. Significantly, this Court must observe that the first respondent, in reversing the revenue entries in favour of the vendors, has impeded this completed transaction under the Sale Deed dated 08.03.2012 which must prevail unless there is a declaration of a share in the pending suits. As such, this Court must intervene and quash the first respondent's order dated 31.08.2013 observing that the restoration of the revenue entries in favour of the petitioner must be subject to the final decision in the suits in O.S. No.141/2013 and O.S. No.172/2013. Hence, the following. - 8 -
HC-KAR NC: 2026:KHC:33673 WP No. 7506 of 2014
ORDER
[a] The petition is allowed-in-part.
[b] The first respondent's impugned order in V.P.C.No.4/2012-13 dated 31.08.2013 [Annexure-K] is quashed but directing restoration of the revenue entries for the subject property in favour of the petitioner, but subject to the final decision in O.S. No.141/2013 and O.S. No. 172/2013 pending on the file of the Civil Judge [Jr. Dn.] and JMFC, Gubbi.
Sd/- (B M SHYAM PRASAD) JUDGE
RB