Dismissed¶39

M/S Birgade Resorts and Hotels v. Sri Harish Kumar Oberoi

Karnataka HC2 Jun 2026WP/37730/2012

Case brief

AI extract

What is this about?

Karnataka HC writ petition dismissed; land dispute Bengaluru; petitioner M/s Birgade Resorts and Hotels (Magadi Road, Vijayanagar) vs Oberoi respondents; Deputy Commissioner Bangalore District revision order Rev.Pet.No.118/09-10 dated 11.06.2012 (Annexure-E); registered Sale Deed antecedence of contesting respondent; civil suit O.S.No.15942/2006 decreed in part 30.03.2023 (Judgment and Decree); rights crystallised in Trial Court suit; Articles 226 and 227 Constitution of India; KLR-RR/SUR classification; interim application I.A.1/2023 not surviving.

What did the court decide?

On examining the impugned orders (Annexures E and F), the Court accepted the authorities' recorded factual finding that the contesting respondent had purchased the land in question by way of registered Sale Deed much earlier than the petitioner. ¶35

M/S Birgade Resorts and Hotels Vs Sri Harish… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether interference by the High Court is called for in respect of the orders passed by the Deputy Commissioner dated 11.06.2012 in Revn.Petn. No.118/2009-10 (Annexure-E), assailed by the petitioner.

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Court's answer

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Ratio / Principle

Given that the suit O.S. No.15942/2006 had been decreed in part by Judgment and Decree dated 30.03.2023, the Court concluded that no interference was called for in the Writ Petition.

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Key takeaways

The Court dismissed the Writ Petition on the ground that the rights of the parties had already been crystallised in O.S.No.15942/2006 by the Trial Court (sentence completed over the following two printed lines of paragraph 4 of the order).ratio¶39
The pending I.A.1/2023 does not survive for consideration as a consequence of the dismissal of the Writ Petition.ratio¶42

Detailed headnote1 paragraphs

High Court of Karnataka, Writ Petition (KLR-RR/SUR) No.37730 of 2012 (E.S. Indiresh, J.), oral order dated 2 June 2026: M/s Birgade Resorts and Hotels challenged the orders passed by the Deputy Commissioner in Rev.Pet.No.118/09-10 dated 11.06.2012 (Annexure-E). Examining Annexures E and F, the Court accepted the authorities' factual finding that the contesting respondent had purchased the land in question by registered Sale Deed much earlier than the petitioner, and noted counsel's information that suit O.S. No.15942/2006 (LXXIII City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru) had been decreed in part by Judgment and Decree dated 30.03.2023. Concluding that no interference was called for, the Court dismissed the Writ Petition, holding that the rights of the parties had already been crystallised in O.S. No.15942/2006 by the Trial Court, and held that pending I.A.1/2023 does not survive for consideration.

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NC: 2026:KHC:25572 WP No. 37730 of 2012

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.37730 OF 2012 (KLR-RR/SUR)

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BETWEEN:

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M/S BIRGADE RESORTS AND HOTELS NO.105,MAGADI ROAD, VIJAYANAGAR, BENGALURU -560079, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. Y.R. MANOHAR.

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…PETITIONER

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(BY SRI. C.S. PRASANNA KUMAR, ADVOCATE)

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AND:

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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SRI. HARISH KUMAR OBEROI S/O LATE O P OBEROI, AGED: MAJOR RESIDING AT NO.1317, BINNAMANGALA DOUBLE ROAD, II STAGE INDIRA NAGAR, BENGALURU -560 038.

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SMT. ANJU OBEROI W/O HARISH KUMAR OBEROI, AGED: MAJOR RESIDING AT NO.1317, BINNAMANGALA DOUBLE ROAD, II STAGE INDIRA NAGAR,

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2 - NC: 2026:KHC:25572 WP No. 37730 of 2012

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HC-KAR

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BENGALURU -560 038.

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SRI. C. RAMA REDDY S/O LATE PAPAIAH AGED : MAJOR RESIDING AT NO.17, CHALGHATTA VILLAGE, YAMALUR POST, BENGALURU -560 037.

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SPECIAL TAHSILDAR BANGALORE EAST TALUK, BENGALURU - 560 078.

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ASSISTANT COMMISSIONER BANGALORE NORTH, BENGALURU - 560 022.

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DEPUTY COMISSIONER BANGALORE DISTRICT, BENGALURU - 560 009.

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…RESPONDENTS

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(BY SRI. CHANDAN, ADVOCATE FOR R1 & R2; SMT. B.P. RADHA, AGA FOR R4 TO R6; R3 SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO CONTEDING THE ORDERS PASSED BY THE DEPUTY COMMISSIONER IN REV.PET.NO.118/09-10 DATED 11.06.2012, VIDE ANNEXURE-E.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS

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DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:25572 WP No. 37730 of 2012

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Heard learned counsel appearing for the parties.

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In this Writ Petition, petitioner is assailing the order dated 11.06.2012 in Revn.Petn. No.118/2009-10(Annexure-E).

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Having heard the learned counsel appearing for the parties, I have carefully examined the impugned order at Annexures - E and F, wherein, the respondent - authorities have taken note of the factual aspects on record that contesting respondent herein had purchased the land in question by way of registered Sale Deed much earlier to the petitioner is concerned. It is also brought to the notice of the Court by Sri. Chandan, learned counsel for respondent Nos.1 and 2 that suit in O.S. No.15942/2006 on the file of LXXIII City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, has been decreed in part, vide Judgment and Decree dated 30.03.2023. In that view of the matter, I am of the view that, no interference is called for in this Writ Petition.

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NC: 2026:KHC:25572 WP No. 37730 of 2012

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HC-KAR

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