Citation : 2025 Latest Caselaw 10492 Kant
Judgement Date : 20 November, 2025
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NC: 2025:KHC-D:15979
WP No. 108729 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.108729 OF 2025 (KLR-RR/SUR)
BETWEEN:
TIPPAVVA W/O. DUNDAPPA MARENNAVAR,
DEAD LR'S ARE ALREADY RECORD.
1. RENUKA W/O. BALAPPA BOOSHI,
AGE. 53 YEARS, OCC. HOMEMAKER,
R/O. PANCHANAYAKAHATTI-591 307,
TQ. GOKAK, DIST. BELAGAVI.
2. LAKKAVVA W/O. HANAMANTH MAKKALAGERI,
AGE. 40 YEARS, OCC. HOMEMAKER,
R/O. MAMADAPUR-591 233,
TQ. GOKAK, DIST. BELAGAVI.
3. NAGAPPA S/O. LAXMAPPA MARENNAVAR,
CHANDRASHEKAR
AGE. 35 YEARS, OCC. AGRICULTURE,
LAXMAN
KATTIMANI
Digitally signed by
R/O. PANCHANAYAKAHATTI-591 307,
CHANDRASHEKAR
TQ. GOKAK, DIST. BELAGAVI.
LAXMAN KATTIMANI
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.11.22 11:20:02
+0530
4. RAJU S/O. DUNDAPPA MARENNAVAR,
AGE. 51 YEARS, OCC. AGRICULTURE,
R/O. PANCHANAYAKAHATTI-591 307,
TQ. GOKAK, DIST. BELAGAVI.
... PETITIONERS
(BY SRI. CHANNABASAVARAJ S. SHETTAR, ADVOCATE)
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NC: 2025:KHC-D:15979
WP No. 108729 of 2025
HC-KAR
AND:
1. THE DEPUTY COMMISSIONER,
BELAGAVI, DC OFFICE COMPLEX,
BELAGAVI-591 001.
2. THE ASSISTANT COMMISSIONER, BAILHONGAL,
AC OFFICE COMPLEX,
BAILHONGAL-591 102.
3. THE TAHASILDAR,
GOKAK-583 307,
TQ. GOKAK, DIST. BELAGAVI.
LAKKAVVA NINGAPPA MARENNAVAR,
SINCE DECEASED BY LR'S.,
4. MAHADEV S/O. BHIMAPPA MARENNAVAR,
AGE. 58 YEARS, OCC. AGRICULTURE,
PANCHANAYAKAHATTI-591 307,
TQ. GOKAK, DIST. BELAGAVI.
5. SAVAKKA MAHADEV MARENNAVAR,
AGE. 55 YEARS, OCC. AGRICULTURE,
PANCHANAYAKAHATTI-591 307,
TQ. GOKAK, DIST. BELAGAVI.
... RESPONDENTS
(BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDERS PASSED BY RESPONDENT NO.1 UNDER RB/RTA-
355/2022-23 DATED 21-12-2023 VIDE ANNEXURE-E AND THE
ORDER PASSED BY RESPONDENT NO.2 IN R.A. 14/2021 DATED
12-07-2022 VIDE ANNEXURE-D CONFIRMING THE ORDER
PASSED BY RESPONDENT NO.3 ENTERING NAME OF
RESPONDENT NO.4 IN THE RECORD OF RIGHTS IN RESPECT OF
LAND HAVING SY. NO.157/3 TO THE EXTENT OF 6 ACRES 4
GUNTAS SITUATE AT PANCHANAYAKANAHATTI, GOKAK UNDER
MR H. NO.22 DATED 12-11-2020 VIDE ANNEXURE-C1, IN THE
INTEREST OF JUSTICE AND EQUITY.
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NC: 2025:KHC-D:15979
WP No. 108729 of 2025
HC-KAR
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
Learned Additional Government Advocate accepts notice
on behalf of respondents No.1 to 3.
2. This petition is filed assailing the mutation
certified based on settlement between respondents No.4, 5
and one Smt. Lakkavva Ningappa Marennavar.
3. Learned counsel for the petitioners submits that
the petitioners had filed a suit in O.S.No.170/2017 for
partition and separate possession in respect of the
properties covered by the impugned order. It is the
submission that the suit is dismissed. Appeal in
R.A.No.243/2019 is also dismissed and the Regular Second
Appeal in RSA No.100626/2020 is pending consideration.
4. Learned counsel for the petitioners would further
submit that the mutation could not have been certified in
NC: 2025:KHC-D:15979
HC-KAR
view of the pendency of the Regular Second Appeal before
this Court.
5. The Court is not impressed. As of now, the
judgment would indicate that the petitioners have no right
over the properties in dispute. If the petitioners succeed in
the Regular Second Appeal, impugned mutations will have
to be changed and set-aside pursuant to the decree to be
passed by the Court in pending Regular Second Appeal.
6. Under these circumstances, the writ petition is
not maintainable and accordingly, stands dismissed.
7. It is made clear that dismissal of the writ petition
should not be construed as having expressed any opinion on
the pending Regular Second Appeal.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE AM CT:BCK
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