- 1 - HC-KAR NC: 2026:KHC:4485 WP No. 39526 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.39526 OF 2025 (LB-RES) BETWEEN: 1. SMT.LAKSHMI S. W/O.SRINIVAS.N. D/O.LATE D.SADASHIVA REDDY AGED ABOUT 38 YEARS R/AT MYLASANDRA MYLASANDRA GRAMA HOUSE NO.140 VADDARAPALYA BENGALURU-560 068 2. SMT.CHAITRA W/O.VINAY S. D/O.SADASHIVA REDDY AGED ABOUT 32 YEARS R/AT MYLASANDRA MYLASANDRA GRAM HOUSE NO.140 VADDARAPALYA BENGALURU-560 068 …PETITIONERS (BY SRI V.ANAND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA GRAMEENA ABHIVRUDHI AND PANCHAYAT RAJ VIDHANA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU-560 001 REP. BY ITS SECRETARY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4485 WP No. 39526 of 2025 2. THE PANCHAYATH DEVELOPMENT OFFICER HOMDEVANAHALLI PANCHAYATHI BEGUR HOBLI BENGALURU SOUTH TALUK BENGALURU-560 068 3. SRI R.PRABHAKAR REDDY S/O.N.RAMAREDDY AGED ABOUT 53 YEARS R/AT MYLASANDRA VILLAGE BEGUR HOBLI, BEGUR POST BENGALURU SOUTH TALUK BENGALURU-560 068 …RESPONDENTS (BY SRI BOPPANNA BELLIYAPPA, AGA FOR R-1; SRI K.M.PRAKASH, ADVOCATE FOR R-2; NOTICE TO R-3 IS DISPENSED WITH V/O.DATED 28.01.2026) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.2 TO RESTRAIN TO EFFECT E-KATHA IN RESPECT OF SY.NO.130 MEASURING 2 ACRES, SY.NO.126 MEASURING 2 ACRES AND SY.NO.78/1 MEARSURING 7 GUNTAS SITUATED AT MYLASANDRA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK VIDE ANNEXURE-D DATED 15.12.2025 SINCE THE MATTER IS SUBJUDICED BEFORE THE CIVIL COURT IN OS.NO.173/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4485 WP No. 39526 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent No.1. Sri K.M.Prakash, learned counsel is directed to accept notice for respondent No.2. Notice to respondent No.3 is dispensed with in view of the proposed order to be passed. 2. The petitioners are before this Court seeking the following relief: "a) issue a writ of mandamus or any writ directing the 2nd respondent restrain to effect E-katha in respect of Sy.No.130 measuring 2 acres Sy.No.126 measuring 2 acres and Sy.No.78/1 measuring 7 guntas situated at Mylasandra Village, Begur Hobli, Bengaluru South Taluk vide Annexure- "D" dated 15/12/2025 since the matter is subjudiced before the civil court in O.S.No.173/2020 on the file of Senior Civil Judge, Bengaluru Rural District to meet the interest of justice and equity." - 4 - HC-KAR NC: 2026:KHC:4485 WP No. 39526 of 2025 3. The contention of learned counsel for petitioners is that there is a suit which has been filed by the petitioners in O.S.No.173/2020 pending on the file of the Principal Senior Civil Judge, Bengaluru Rural District, in respect of the property bearing Sy.Nos.130 and 126 of Mylasandra Village, Begur Hobli, Bengaluru South Taluk. During the pendency of the said suit, respondent No.4 therein has made an application for transfer of khatha and it is in that background, the petitioners have sought for the aforesaid relief. 4. When a suit is pending between two private parties, if any relief as regards restraining of alienation, transfer of khatha, issuance of khatha etc. is sought for, it is required that the relief has to be sought for in the civil suit and not by way of a writ petition since the dispute is essentially civil in nature. - 5 - HC-KAR NC: 2026:KHC:4485 WP No. 39526 of 2025 5. In that view of the matter, no mandamus can be issued to respondent No.2 to not to issue e-khatha when an application is made unless there is an interdict by the civil Court seized of the matter. Accordingly, the above petition stands dismissed reserving liberty to the petitioners to seek for similar relief in the pending suit filed by the petitioners. SD/- (SURAJ GOVINDARAJ) JUDGE LB/List No.: 2 Sl No.: 4