Citation : 2025 Latest Caselaw 9264 Kant
Judgement Date : 16 October, 2025
-1-
NC: 2025:KHC-D:14003
WP No. 102537 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.102537 OF 2025 (KLR-RR/SUR)
BETWEEN:
SRI. AMAREGOUDA S/O. BASANAGOUDA PATIL,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. HIRESHINGANAGUTTI, TQ. ILKAL,
DIST. BAGALKOT, PIN-581701.
...PETITIONER
(BY SRI. ANAND R. KOLLI, ADVOCATE)
AND:
1. THE TAHSILDAR, ILKAL,
DIST. BAGALKOT, PIN-581701.
2. SMT. RENUKA W/O. NINGAPPA,
D/O. HANUMANAGOUDA AGASIMUNDINA,
AGE: 48 YEARS, OCC: AGRICULTURE,
Digitally signed by
R/O. RAJAPPA NAYAKA COLONY,
GANGAVATI, DIST. KOPPAL, PIN-583227.
CHANDRASHEKAR
LAXMAN
KATTIMANI
CHANDRASHEKAR
LAXMAN Location: HIGH
KATTIMANI COURT OF
KARNATAKA
...RESPONDENTS
DHARWAD BENCH
Date: 2025.10.18
07:57:05 +0100
(BY SMT. MALA B. BHUTE, AGA FOR R1;
NOTICE TO R2 - ITEM DELIVERED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT
NO.1 AUTHORITY TO CONSIDER THE REPRESENTATION DATED
12.09.2024 AS EXPEDITIOUSLY AS POSSIBLE VIDE ANNEXURE-F
IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
-2-
NC: 2025:KHC-D:14003
WP No. 102537 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
Learned AGA accepts notice on behalf of respondent No.1.
2. It is noticed 2nd respondent against whom the claim
is made has not appeared despite service of notice.
3. The facts would disclose that the petitioner
purchased petition property under registered sale deed dated
14.11.2016. Vendor's sister filed a suit for partition and separate
possession in O.S.No.365/2015 on the file of Additional Civil
Judge, Hungund. Said suit is decreed.
4. Petitioner filed appeal in R.A.No.2/2023 on the file of
Senior Civil Judge, Hungund. Said the appeal is allowed in terms
of judgment and decree dated 05.09.2024 and consequently, the
suit is remanded.
5. Thereafter, the petitioner filed an application to the
Tahsildar to enter his name in the property records as it was
changed pursuant to the judgment and decree passed by the
Trial Court which is later set aside by the Appellate Court.
NC: 2025:KHC-D:14003
HC-KAR
6. Now it is stated that the suit is pending.
7. Under these circumstances, the petitioner's name is
to be entered in the property records pursuant to the sale deed
subject to the result of the suit.
8. The petitioner shall not alienate the petition property
till the disposal of the suit, which is pending before the Trial
Court.
9. The observations made in this order should not be
construed as an observation on the merits of the petitioner's
claim. This Court has not expressed any opinion on the merits of
the suit which is pending.
10. The Tahsildar shall comply the order within 3 months
from the date of the receipt of certified copy of this order.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE
CLK /CT-AN
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