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2026 DAILYLAW 7908 (KAR)

SRI. MUNIVENKATAPPA v. SRI. VENKATESHAPPA

WP/5281/2026 · 2026-02-24

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11381 WP No. 5281 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 5281 OF 2026 (KLR-RES) BETWEEN: SRI. MUNIVENKATAPPA S/O LATE VENKATARAMANAPPA AGED ABOUT 70 YEARS, R/AT CHEEMANDAHALLI VILLAGE KASABA HOBALI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562 114. …PETITIONER (BY SRI. RAMESHA H.E, ADVOCATE) AND: 1. SRI. VENKATESHAPPA S/O LATE VENKATARAMANAPPA, AGED ABOUT 67 YEARS, R/AT CHEEMANDAHALLI VILLAGE, KASABA HOBALI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562 114. 2. SMT. SAROJAMMA W/O LATE MUNIKRISHNAPPA @ KRISHNAPPA AGED ABOUT 76 YEARS, R/AT CHEEMANDAHALLI VILLAGE KASABA HOBALI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562 114. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11381 WP No. 5281 of 2026 3. SRI. NAGAPPA, S/O LATE VENKATARAMANAPPA, AGED ABOUT 75 YEARS, R/AT CHEEMANDAHALLI VILLAGE KASABA HOBALI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562 114. 4. SRI. MUNIYAPPA, S/O LATE VENKATARAMANAPPA, AGED ABOUT 72 YEARS, R/AT CHEEMANDAHALLI VILLAGE KASABA HOBALI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562 114. 5. THE DEPUTY DIRECTOR OF LAND RECORDS (DDLR) BENGALURU RURAL DISTRICT OFFICE BEERASANDRA, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 6. THE ASSISTANCE DIRECTOR OF LAND RECORDS (ADLR) HOSKOTE TALUK, HOSKOTE BENGALURU RURAL DISTRICT - 562 114. 7. THE TAHSILDAR HOSKOTE TALUK, HOSKOTE BENGALURU RURAL DISTRICT - 562 114. 8. THE SURVEY SUPERVISOR OFFICE @ TALUK SURVEYOR HOSKOTE TALUK, HOSKOTE BENGALURU RURAL DISTRICT- 562 114. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R5 TO R8) - 3 - HC-KAR NC: 2026:KHC:11381 WP No. 5281 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.5 TO RESTRAIN FROM MAKING ORDERS THAT MAY AFFECT THE QUESTION OF RIGHTS AND POSSESSION WITH RESPECT TO OLD SY.NO.48/4 (NEW SY.NO.48/4, 48/19, 48/20, 48/21, 48/22) AS NEW SY.NO.48/4 AND SY.NO.48/19 IS PENDING IN CIVIL COURT AS THE DDLR R5 IS ACTING WITHOUT JURISDICTION AND STAY THE APPEAL PENDING BEFORE THE R5 DDLR IN APPEAL NO.177/2025-26 AT ANNEXURE-H 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 AGA takes notice for respondent Nos.5 to 8. Notice to the other private respondents is not necessary, for the following reasons: Having heard the learned counsel for some time and on perusing the petition papers, this Court finds that the writ petition is premature. An appeal has been filed by the respondent No.1 before the Fifth respondent - Deputy Director of Land Records, calling in question a previous survey for 11-E - 4 - HC-KAR NC: 2026:KHC:11381 WP No. 5281 of 2026 sketch. Therefore, neither the petitioner nor this Court can presume that the Deputy Director of Land Records is going to allow the appeal and set aside the 11-E sketch, having regard to the objections sought to be raised by the petitioner that two suits are subsequently filed and the suit for declaration has to be decided. Therefore, before such a decision is made by the competent Civil Court, such an action cannot be taken by the Survey Settlement Authorities. 2. With these observations, the petition stands disposed of granting liberty to the petitioner to raise all objections before the Deputy Director of Land Records and the Deputy Director shall consider the same before passing any orders. 3. Learned AGA shall file her memo of appearance within four weeks. Sd/- (R DEVDAS) JUDGE KS