Writ petition challenging a property dispute where a first appeal is pending in civil proceedings. Due to the pending appeal, revenue entries are subject to that decree. Both the writ petition and an interim application were disposed of without adjudication on merits.
None; both the writ petition and I.A.No.1/2021 disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.3079/2021 (KLR RR/SUR)
BETWEEN :
S/O. LATE MALEPPA URF SUBBANNA AGED ABOUT 60 YEARS
ALL ARE RESIDING AT MANCHANABELE VILLAGE, KASABA HOBLI CHIKKABALLAPURA TALUK & DISTRICT PIN; 562 101
... PETITIONERS
(BY SRI. MANJUNATHA V RAYAPPA, ADVOCATE)
2
AND :
... RESPONDENTS
(BY SRI. A.R.SRINIVAS, AGA FOR R1 TO R3; SRI. B.C.VENKATESH, ADVOCATE FOR IMPLEADING APPLICANT IN I.A.NO.1/2021))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R - 2 AND 3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE ANNEXURE-E DATED 27.01.2020.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The learned counsels for the parties submit that this writ petition be disposed of in the light of the fact that the petitioners' first appeal in R.A.No.80/2019 on the file of the III Additional District and Sessions Judge, Chikkaballapura, as
3
against the third party in the Judgment and Decree in O.S.No.27/2018 on the file of the II Additional Senior Civil Judge and JMFC, Chikkaballapura, is pending consideration. This Court may observe that the revenue entries for the subject property shall be subject to the decree in the aforesaid civil proceedings.
In the light of this common submission, the petition as well as I.A.No.1/2021 stand disposed of.
JUDGE
RB
NARAYANASWAMY S/O. LATE MALEPPA URF SUBBANNA
VENKATESH
SMT. ASHWATHAMMA D/O. LATE MALEPPA URF SUBBANNA
SHIVANNA S/O. LATE MALEPPA URF SUBBANNA
CHIKKANNA S/O. LATE MALEPPA URF SUBBANNA
THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT
B. M. SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
