Smt. Jayamma vs Deenamma John
2022 Latest Caselaw 13250 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 25TH DAY OF NOVEMBER, 2022

                       PRESENT

THE HON'BLE MR.PRASANNA B.VARALE, CHIEF JUSTICE

                         AND

     THE HON'BLE MR.JUSTICE ASHOK S.KINAGI

     WRIT APPEAL NO. 852 OF 2022 (KLR-RES)

BETWEEN:


1 . SMT. JAYAMMA
    AGED ABOUT 90 YEARS,
    W/O LATE VENKATARAMANAPPA
    RESIDING AT: NALLURALLI
    VILLAGE,
    K.R. PURAM HOBLI,
    BENGALURU EAST TALUK,
    BENGALURU -560 066.

2 . SMT. SHANTHAMMA
    W/O MUNIRAMAIAH
    AGED ABOUT 85 YEARS,
    RESIDING AT NALLURALLI
    VILLAGE,
    K.R. PURAM HOBLI,
    BENGALURU EAST TALUK,
    BENGALURU - 560 066.

3 . RADHAMMA
    W/O LATE LAKSHMAIAH
    AGED ABOUT 70 YEARS,
    RESIDING AT NALLURALLI
    VILLAGE,
    K.R. PURAM HOBLI,
    BENGALURU EAST TALUK,
    BENGALURU - 560 066.

                                         ... APPELLANTS
(BY SRI V. LAKSHMINARAYANA, SENIOR ADVOCATE FOR
 SRI SRINIVAS M, ADVOCATE)
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AND:

1.     DEENAMMA JOHN
       W/O LATE N.M. JOHN
       AGED ABOUT 81 YEARS
       R/AT NO.75/1, EBENEZER BUILDING,
       DR. B.R. AMBEDKAR BUILDING,
       NALLURAHALLI,
       BENGALURU EAST TALUK,
       BENGALURU URBAN DISTRICT.

2.     THE SPECIAL TAHSILDAR
       BENGALURU EAST TALUK,
       OFFICE OF THE EAST TALUK OFFICE,
       BENGALURU EAST TALUK,
       K.R. PURAM,
       BENGALURU CITY - 560 066.

3.     THE COMMISSIONER
       BRUHAT BENGALURU MAHANAGARA PALIKE,
       BENGALURU CITY - 560 066.

4.     K.N. CHANDRA REDDY
       AGED MAJOR,

5.     T. GOPALA REDDY
       AGED ABOUT MAJOR,

       BOTH RESIDING AT:
       WHISPERING WINDS,
       NELLURALLI VILLAGE,
       K.R. PURAM HOBLI,
       BANGALORE EAST TALUK,
       BANGALORE - 560 066.

6.     REVENUE INSPECTOR
       BIDARAHALLI CIRCLE
       BANGALORE EAST TALUK
       BANGALORE - 560 066.
                                           ... RESPONDENTS
(BY SRI PRASANNA R, ADVOCATE FOR R-1,
 SRI S. RAJASHEKAR, AGA FOR R-2 &
 SRI ASHWIN S. HALADY, ADVOCATE FOR R-3)
                           ---
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     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE
APPEAL AND SET ASIDE THE ORDER DATED 28/07/2022 PASSED
BY THE LEARNED SINGLE JUDGE, IN WP NO.18944/2021 AND
FURTHER BE PLEASED TO AWARD COSTS OF THE PROCEEDINGS
AGAINST THE RESPONDENT NO.1.

      THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:


                          JUDGMENT

Heard Sri V.Lakshminarayana, learned Senior

Advocate appearing for the appellants at length.

2. By the impugned order dated 28.07.2022, the

learned Single Judge observed that if the appellants are

aggrieved that respondent No.1 is in possession of a portion

of the property in question, they may approach the

competent Civil Court to seek declaration of their title and

the civil rights of the parties could not have been

determined by the Special Tahsildar.

3. The learned Senior Advocate appearing for the

appellants submits that subsequent to the order passed by

the learned Single Judge, the appellants have filed a suit

before the Civil Court.

4. In view of this subsequent development, we do

not find any ground to entertain this appeal. Accordingly,

the writ appeal is dismissed. The Trial Court is directed to

decide the suit on merits without being influenced by the

observations made by the learned Single Judge.

5. Needless to state that the entries made by the

Revenue Authorities are certainly subject to the final

outcome of the suit.

In view of dismissal of the appeal, pending

interlocutory applications do not survive for consideration

and are accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

KPS