Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 45921 (KAR)

NANDINI T H v. SMT SHARADAMMA

WP/1192/2026 · 2026-01-27

R Devdas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:4179 WP No. 1192 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 1192 OF 2026 (KLR-RES) BETWEEN: 1. NANDINI T.H D/O LATE B.HAIRSH, AGED 17 YEARS, SINCE MINOR REP BY NATURAL GUARDIAN MOTHER SMT. BHAVYA B.P W/O LATE B. HARISH 2. SMT. BHAVYA B.P W/O LATE B. HARISH, AGED 34 YEARS, HOUSEHOLD WORK BOTH ARE RESIDING BYRAPURA VILLAGE, KASABA HOBLI, TARIKERE TALUK CHIKKAMAGALURU DISTRICT. …PETITIONERS (BY SRI. BIRADAR SHIVAPPA CHANABASAPPA, ADVOCATE) AND: 1. SMT. SHARADAMMA W/O LATE A. BASAVARAJU, AGED 76 YEARS 2. SMT. PREMAJYOTHI, D/O LATE A. BASAVARAJU, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4179 WP No. 1192 of 2026 AGED 47 YEARS 3. SMT. VINUTHA, D/O LATE A. BASAVARAJU, AGED 45 YEARS THE DEFENDATS NO.1 TO 3 R/O BASAVESHWARA STREET, TARIKERE TOWN, TARIKERE TALUK. 4. SMT. ANITHA, W/O RAVIKUMAR D/O LATE A. BASAVARAJU, AGED 42 YEARS, R/O KHAGGI VILLAGE, MUGULIHALLI HOBLI, CHANNAGIN TALUK, DAVANAGERE DISTRICT. 5. SMT. SAROJAMMA C.S, W/O PRASANNA K, AGED 61 YEARS, R/O MALLIKARJUNA NILAYA, 1ST CROSS, GIRINAGAR, TARIKERE TOWN, CHIKKAMAGALURU, KARNATAKA - 577 228. 6. TAHASILDAR, TARIKERE TOWN, CHIKKAMAGALURU - 577 228. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R6) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, DIRECTING R6 TAHSILDAR, TARIKERE TO KEEP THE MUTATION/ KATHA - 3 - HC-KAR NC: 2026:KHC:4179 WP No. 1192 of 2026 PROCEEDINGS IN ABEYANCE AS PER SALE DEED IN ANNEXURE-E AND NOT TO EFFECT ANY CHANGE IN THE REVENUE RECORDS IN RESPECT OF THE SUIT SCHEDULE PROPERTY PENDING ADJUDICATION OF CIVIL MISC. NO. 05/2025 AND THE CONSEQUENTIAL CIVIL PROCEEDINGS AS IN ANNEXURE-D AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondent No.6-Tahsildar, Tarikere Taluk. Notice to respondent Nos.1 to 5 is not necessary for the following reasons. 2. The prayer in this writ petition is to issue a writ of mandamus directing respondent No.6-Tahsildar to keep the mutation proceedings in abeyance pursuant to the sale deed at Annexure-E, since the miscellaneous petition filed by the petitioner in C.Misc.No.5/2025 on the file of the learned Senior Civil Judge, Tarikere, is pending consideration for restoration of O.S.No.107/2024. - 4 - HC-KAR NC: 2026:KHC:4179 WP No. 1192 of 2026 3. Learned High Court Government Pleader raises an objection that in a civil proceeding, when the rights of the parties are yet to be decided, such directions cannot be given to the revenue authorities not to mutate the name of the purchaser in terms of a registered instrument. 4. There is substance in the submission of the learned High Court Government Pleader. When the matter regarding the title dispute is pending consideration before Civil Court and even if it is the allegation of the petitioner that during the pendency of the suit, the property in question was sold by one of the family members in favour of the third party, such directions cannot be issued to the revenue authorities, who are required to act in terms of Sections 128 and 129 of the Karnataka Land Revenue Act, 1964. On the other hand, the petitioners are at liberty to make an appropriate application before the Civil Court seeking necessary directions which can be incorporated in column No.11 of the RTC. 5. With these observations the writ petition stands disposed of. - 5 - HC-KAR NC: 2026:KHC:4179 WP No. 1192 of 2026 Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 16