- 1 - HC-KAR NC: 2026:KHC:15639-DB WA No. 376 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 376 OF 2025 (LB-BMP) BETWEEN: 1. SMT. NAGARATHNAMMA M., W/O. LATE SRINIVASA H, AGED ABOUT 60 YEARS, 2. SRI. RAGHAVENDRA S., S/O. LATE SRINIVASA H, AGED ABOUT 43 YEARS, 3. SRI. CHANDRASHEKAR S., S/O. LATE SRINIVASA H., AGED ABOUT 42 YEARS, 4. SRI. PUNEETHAKUMAR S., S/O. LATE SRINIVASA H., AGED ABOUT 41 YEARS, ALL ARE R/AT: HOUSE LIST NO. 136/2, NEW NO.171, NEAR BELLANDUR POST OFFICE, BELLANDUR, BENGALURU - 560 103. …APPELLANTS (BY SRI. D GANGADHARA., ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15639-DB WA No. 376 of 2025 AND: 1. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU - 560 002. 2. THE ASST. REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, VARTHUR, BENGALURU - 560 087. 3. SRI. RAMESH, S/O. GOPAL, AGED ABOUT 36 YEARS, 4. SMT. YASHODAMMA W/O. GOPAL, AGED ABOUT 58 YEARS, RESPONDENTS 3 & 4 ARE R/AT: NO. 366/1, NEAR BELLANDUR POST OFFICE, BELLANDUR, BENGALURU - 560 103. 5. SMT. MATHA S., W/O. NARAYANAPPA, D/O LATE CHIKKANNA, AGED ABOUT 55 YEARS, 6. SMT. SAROJAMMA, W/O. MUNIRAJU, AGED ABOUT 58 YEARS, RESPONDENTS 5 & 6 ARE R/AT: HOUSE NO.51, NEW NO.366, BELLANDUR VILLAGE, BENGALURU - 560 103. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:15639-DB WA No. 376 of 2025 (BY SRI. SATYANAND B S., ADVOCATE FOR R1 & R2, SRI. R. MURALIDARA, ADVOCATE FOR C/R3 & R4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR RECORDS FROM THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WP No.31377/2024 DATED:06.02.2025 AND TO SET ASIDE THE ORDER DATED 06.02.2024 PASSED IN WP No.31377/2024 AND ETC. 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 MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This intra Court appeal has been filed impugning the order dated 06.02.2024 passed by the learned Single Judge in W.P.No.31377/2024. The appellant filed the writ petition for demolition of the construction put up by the private respondents in property bearing No.136/2 (171 New) and direction to the respondents to remove the unauthorized construction and permit the petitioners to enjoy of their premises. - 4 - HC-KAR NC: 2026:KHC:15639-DB WA No. 376 of 2025 2. It appears that there is some dispute regarding the ownership of the property wherein the construction has been put up. The petitioners have already filed suit in O.S.No.4306/2024, seeking declaration and a decree for mandatory injunction for removal of the construction put up by the private respondents. 3. Considering the said fact, the learned Single Judge dismissed the writ petition with observations at paragraph Nos.8 and 9, which are extracted as under: ”8. Be that as it may, the above fact indicates that the petitioners are already before the Civil Court seeking for an order of declaration and also for a mandatory injunction. It is therefore obvious that, if the petitioners succeed in the said suit, construction put up by the respondent Nos.3 to 6 will have to be necessarily brought down. 9. In my view, I see no reason to entertain this writ petition. However, liberty is reserved to the petitioners and also to respondents to urge their contentions regarding their entitlement to the land in question before the suit pending in O.S.No.4306/2024. - 5 - HC-KAR NC: 2026:KHC:15639-DB WA No. 376 of 2025 4. As the matter is already subjudice before the competent Civil Court, we find no infirmity in the judgment and order passed by the learned Single Judge and hence, the writ appeal stands dismissed. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 2 ct-vn