- 1 - HC-KAR NC: 2026:KHC:706 WP No. 33057 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33057 OF 2018 (LB-RES) BETWEEN: SMT.SUSHEELAMMA AGED ABOUT 70 YEARS, W/O LATE T.THIMMAIAH R/AT DOOR NO. 2240/26/1 AND 2240/26/2, KODHANDARAM BADAVANE CHANAL ROAD, 3RD CROSS, CHANNAPATTANA, RAMANAGAR DISTRICT - 562 160. …PETITIONER (BY SRI. NARASIMHA REDDY., ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA CITY MUNICIPAL, VIDHANA SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS CHIEF SECRETARY. 2. THE CITY MUNICIPAL COUNCIL CHANNAPATTANA RAMANAGARA DISTRICT-562 160. 3. T.SRINIVASA AGED ABOUT 46 YEARS, S/O LATE T.THIMMAIAH CHANEL ROAD, CHANNAPATTANA - 562 160. 4. SMT. T.BHAGYALAKSHMI AGED ABOUT 51 YEARS, D/O T.THIMMAIAH Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:706 WP No. 33057 of 2018 R/AT SRI LAKSHMI VENKATESHWARA FLORE MILL, HOSABEEDI, KANAKAPURA TOWN RAMANGARA DISTRICT - 562160. …RESPONDENTS (BY SRI.BOPANNA BELIYAPPA, AGA FOR R1; SRI.A.V.GANGADHARAPPA, ADVOCATE FOR R2; SRI.BHASKARA HEGGADE.C.K., ADVOCATE FOR R3; SRI.K.NARAYANASWAMY, ADVOCATE FOR R4) THIS WP FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ENDORSEMENT DATED 03.10.2017 ISSUED BY THE 2ND RESPONDENT AT ANNEXURE-F; AND DIRECT THE RESPONDENT NO.2 TO EFFECT PAVATHI KATHA IN THE NAME OF THE PETITIONER IN RESPECT OF THE PROPERTY BEARING NO.4643/1, MUNICIPAL NO.2240/26/1 SITUATED AT CHANEL ROAD, WARD NO.7, MUNICIPAL NO.1, CHANNAPATTANA TOWN, CHENNAPATTANA, RAMANAGAR DISTRICT, MEASURING EAST TO WEST 40 FEET AND NORTH TO SOUT 57 1/2 FEET, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:706 WP No. 33057 of 2018 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: A. Issue an order, or direction or writ in the nature of certiorari quashing the impugned endorsement dated 03.10.2017 vide No.Na.Sa.Ha/Kha.Vi(2)/ CR/_/2017-18 issued by the 2nd Respondent at Annexure-F. B. And direct the Respondent No.2 to effect Pavathi katha in the name of the petitioner in respect of the property bearing No.4643/1, Municipal No.2240/26/1 situated at Chanel Road, Ward No.7, Municipal No.1, Channapattana Town, Chennpattana, Ramanagar District, Measuring East to West 40 Feet and North to South 57½ Feet. C. And to grant such other suitable relief's as this Hon'ble court may deems fit and proper to grant in the circumstances of the case and in the ends of justice. 2. A memo with a certified copy of the judgment dated 17th August, 2022 in O.S.No.50 of 2013 has been produced. The said suit had been filed for partition and separate possession, whereunder the plaintiff - 4 - HC-KAR NC: 2026:KHC:706 WP No. 33057 of 2018 therein has been declared to be entitled to 1/6th share in the suit schedule property. 3. The counsel for the petitioner and respondent no.4 submit that if the khatha is transferred in terms of said decree, there would be no objection on the part of the petitioner and respondent no.4. However, they submit that Respondent No.3 has filed a Regular Appeal in R.A.No.61 of 2022 before the District Civil and Sessions Judge at Ramanagara, which is pending consideration. If that be so, the khatha of the properties cannot be changed until finality is arrived at in the aforesaid litigation. 4. In view thereof, I am of the considered opinion that the respondent no.2 would have to enter the names of all the legal heirs of Sri.T.Thimmaiah who was the owner of the properties, subject to the penalty in the litigation between the legal heirs. As such, by directing Respondent No.2 to enter the names of all the legal heirs of Sri.T.Thimmaiah in the records - 5 - HC-KAR NC: 2026:KHC:706 WP No. 33057 of 2018 maintained by respondents in respect of Property No. 4643/1, Municipal No.2240/26/1 situated at Channel Road, Ward No. 7, Channapattana Town, Chanapattana, Ramanagara District. 5. It is needless to say if necessary taxes are not paid by the concerned, Respondent No. 2 would be free to take such steps as may be permissible. 6. In view of the above terms, writ petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.: 1 Sl No.: 35