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2026 DAILYLAW 51754 (KAR)

SRI. LINGESH KUMAR. M. H. v. SMT. NIRMALAMMA

WP/38816/2025 · 2026-01-28

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4537 WP No. 38816 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 38816 OF 2025 (GM-CPC) BETWEEN: SRI. LINGESH KUMAR. M. H. S/O LATE.M.H.HANUMANTHAIAH, AGED ABOUT 55 YEARS, RESIDING AT NO. 596/A, 2ND FLOOR, 2ND STAGE, SIDDIARGHATA LAYOUT, SATHYMARAGA, MYSURU – 570 011 …PETITIONER (BY SRI. SANJAY KUMAR K.N., ADVOCATE) AND: 1. SMT. NIRMALAMMA W/O LATE M. H. HANUMANTHAIAH, AGED ABOUT 76 YEARS, 2. SRI. M. H. NATESH KUMAR, S/O LATE M. H. HANUMANTHAIAH, AGED ABOUT 43 YEARS, BOTH RESPONDENT NO.1 AND 2 ARE R/AT NO. 596/A, 2ND FLOOR, 2ND STAGE, SIDDIARGHATA LAYOUT, SATHYMARAGA, MYSURU – 570 011. 3. SRI. E. N. RAKESH, S/O E.S.BALARAJ, AGED ABOUT 33 YEARS, RESIDING AT NO. 116, MEGALAHATTI MANE, 3RD MAIN, FIRST STAGE, NANDINI LAYOUT, ALANAHALLI, MYSURU – 570 026 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4537 WP No. 38816 of 2025 4. THE THAHSILDAR, MYSURU TALUK, MYSURU - 570001. 5. THE SUB-REGISTRAR, MYSURU TALUK, MYSURU - 570001. 6. THE DEPUTY DIRECTOR OF LAND RECORDS (DDLR), MYSURU DISTRICT, MYSURU - 570001. …RESPONDENTS (BY SMT.V.HEMALATHA, AGA FOR R4 TO R6; NOTICE TO R1 TO R3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER PASSED ON IA NO. 2 SECTION 94(E) R/W 151 OF CPC IN OS NO. 1449/2019 DTD 23.04.2024 (OLD OS NO. 609/2019) VIDE ANNEXURE- A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “i) Issue a writ of certiorari to set aside the order passed on I.A.No.2 by the II Addl. Civil Judge and JMFC, Mysuru consequently, allow the I.A.No.2 Section 94(e) read with Section 151 of CPC in O.S.No.1449/2019 dated 23.04.2024 (Old O.S.No.609/2019) vide Annexure-A. ii) Issue a writ of mandamus directing respondents Nos.4 to 6 Tahsildar, Sub-Registrar, and DDLR - 3 - HC-KAR NC: 2026:KHC:4537 WP No. 38816 of 2025 Mysore to enter the 4/11/22 injunction order dated 04.11.2022 passed in I.A.No.1 in O.S.No.1449/2019 (Old O.S.NO.609/2019) as per Annexure-D representation made to Tahsildar dated 08.11.2022 and endorsement issued by the Tahsildar dated 23.11.2022 and as per Annexure-D1 reprsentaion made to Registrar dated 08.11.2022, as per Annexure-D2, representation made to Deputy Director of Land records dated : 14/11/2022, in all revenue records such as RTC, Pahani, Encumbrance Certificate, etc., pertaining to the suit schedule property as per Annexure-D to D3. iii) Grant such other reliefs as this Hon’ble Court deems fit in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned AGA for respondent Nos.4 to 6 and perused the material on record. For the order proposed, notice to respondent Nos.1 to 3 is dispensed with. 3. After arguing the matter for sometime, learned counsel for the petitioner submits that the petition may be disposed of directing respondents 4 to 6 to consider and pass appropriate orders/take appropriate action on the petitioner's representation at Annexures - D, D1 and D2 dated 08.11.2022, 08.11.2022 and - 4 - HC-KAR NC: 2026:KHC:4537 WP No. 38816 of 2025 14.11.2022 respectively within a stipulated time frame and as expeditiously as possible. 4. Per contra, learned AGA for respondent Nos.4 to 6 submits that if reasonable time is granted the respondent Nos.4 to 6 would consider and pass appropriate order/take appropriate steps on the representations submitted by the petitioner in accordance with law. 5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition without interfering with the impugned order and by issuing certain directions. In the result, I pass the following: ORDER i) The petition is hereby disposed of without interfering with the impugned order. ii) The respondent Nos.4 to 6 are directed to address the grievances of the petitioner and take appropriate action/pass appropriate orders on the representations at Annexures- D dated 08.11.2022, D1 dated 08.11.2022 and D2 dated 14.11.2022 in - 5 - HC-KAR NC: 2026:KHC:4537 WP No. 38816 of 2025 accordance with law within a period of 2 weeks from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 22