- 1 - HC-KAR NC: 2026:KHC:4877-DB WA No. 723 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 723 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SRI B.H.SHIVARAMAIAH S/O HONNAGANGAIAH, AGED ABOUT 65 YEARS, 2. SMT.LAKSHMIDEVI W/O LATE B.H. GANGADARAIAH, AGED ABOUT 59 YEARS, APPL.1 AND APPL NO.2 ARE R/AT SHARADA CROSS, BARAGENAHALLI, SOMPURA HOBLI, NELAMAGNALA TALUK, BANGALORE - 562 127. …APPELLANTS (BY SRI. S.N.ASWATHANARAYANA, SENIOR COUNSEL FOR SRI. SUDHINDRA S.A, ADVOCATE) AND: 1. THE ASSISTANT LAND DIRECTOR OF LAND RECORDS NELAMANGALA TALUK, NELAMANGALA - 562 123. - 2 - HC-KAR NC: 2026:KHC:4877-DB WA No. 723 of 2025 2. SMT VEENA NATARAJ W/O LATE B H NATARAJ, AGED ABOUT 52 YEARS, R/AT NO.456, 80 FEET ROAD, 9TH CROSS, ITI LAYOUT, NAGARABHAVI, MALLATHAHALLI, BANGALORE - 560 056. 3. SRI B H CHANNABYREGOWDA S/O HONNAGANGAIAH, AGED ABOUT 76 YEARS, R/AT NO.53, 1ST A MAIN ROAD, 2ND BLOCK, KORAMANGALA, BANGALORE - 560 095. …RESPONDENTS (BY SRI. M.N.SUDEV HEGADE, AGA FOR R1; SRI. HARISH H.V, ADVOCATE FOR C/R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS ON THE FILE OF THE 1ST RESPONDENT AUTHORITY TO ALLOW THE APPEAL BY DISMISSING THE WP TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED 01.04.2025 IN WP No--14702/2023 (KLR-RR/SUR) BY CONFIRMING THE ORDER PASSED BY THE 1ST RESPONDENT AUTHORITY IN THE INTEREST OF JUSTICE AND EQUITY. 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 MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:4877-DB WA No. 723 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 01.04.2025 passed by the learned Single Judge in Writ Petition No.14702/2023 (KLR-RR/SUR). 2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 3. The petitioner is widow of the brother of respondent Nos.2, 3 and 4. The dispute relates to 1 acre 19 guntas of land in Survey No.46 of Baragenahalli Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District. As per the Revenue Records, an extent of 1 acre 19 guntas of land stood in the name of late husband of the petitioner, which now stands in her name after his demise. The petitioner had moved the application for conducting Phodi and Durasti i.e., fixing the boundary of her land in Survey No.46. The Assistant Director of Land Records vide order - 4 - HC-KAR NC: 2026:KHC:4877-DB WA No. 723 of 2025 dated 25.05.2023 has rejected the application of the petitioner on the ground that the parties can approach the Civil Court and unless the civil dispute is settled between the parties, the Phodi and Durasti cannot be carried out. 4. The learned Single Judge, having considered the facts of the case and the law has set aside the said order dated 25.05.2023 and directed the Assistant Director of Land Records to conduct survey and also Phodi and Durasti as requested by the petitioner, in accordance with the terms of the unregistered Partition Deed dated 14.01.1982. 5. It may be noted that the parties do not dispute the unregistered Partition Deed dated 14.01.1982. The petitioner is seeking only demarcation of boundary of her land in Sy.No.46 as per the revenue records. 6. Therefore, we are of the view that the Assistant Director of Land Records should proceed to conduct survey and also Phodi and Durasti in respect of the land of the petitioner as per the Revenue Records. However, the said - 5 - HC-KAR NC: 2026:KHC:4877-DB WA No. 723 of 2025 Phodi and Durasti would be subject to the final outcome of the pending suit between the parties. 7. In view thereof, the impugned judgment and order dated 01.04.2025 passed by the learned Single Judge does not warrant an interference by this Court, which is why the writ appeal is dismissed. 7. In view of dismissal of the appeal, pending interim applications, if any, does not survive for consideration and accordingly they stand rejected. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE NG List No.: 1 Sl No.: 2 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA