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Karnataka High Court

Sri. Munivenkatappa vs Sri. Venkateshappa on 24 February, 2026

Author: R Devdas

Bench: R Devdas

                                               -1-
                                                          NC: 2026:KHC:11381
                                                        WP No. 5281 of 2026


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 24TH DAY OF FEBRUARY, 2026

                                            BEFORE
                              THE HON'BLE MR. JUSTICE R DEVDAS
                          WRIT PETITION NO. 5281 OF 2026 (KLR-RES)
                   BETWEEN:

                         SRI. MUNIVENKATAPPA
                         S/O LATE VENKATARAMANAPPA
                         AGED ABOUT 70 YEARS,
                         R/AT CHEEMANDAHALLI VILLAGE
                         KASABA HOBALI, HOSKOTE TALUK
                         BENGALURU RURAL DISTRICT - 562 114.
                                                                ...PETITIONER
                   (BY SRI. RAMESHA H.E, ADVOCATE)

                   AND:

                   1.    SRI. VENKATESHAPPA
                         S/O LATE VENKATARAMANAPPA,
Digitally signed         AGED ABOUT 67 YEARS,
by
SHARADAVANI              R/AT CHEEMANDAHALLI VILLAGE,
B
Location: High
                         KASABA HOBALI, HOSKOTE TALUK
Court of
Karnataka                BENGALURU RURAL DISTRICT - 562 114.

                   2.    SMT. SAROJAMMA
                         W/O LATE MUNIKRISHNAPPA @ KRISHNAPPA
                         AGED ABOUT 76 YEARS,
                         R/AT CHEEMANDAHALLI VILLAGE
                         KASABA HOBALI, HOSKOTE TALUK
                         BENGALURU RURAL DISTRICT - 562 114.
                            -2-
                                      NC: 2026:KHC:11381
                                    WP No. 5281 of 2026


HC-KAR




3.   SRI. NAGAPPA,
     S/O LATE VENKATARAMANAPPA,
     AGED ABOUT 75 YEARS,
     R/AT CHEEMANDAHALLI VILLAGE
     KASABA HOBALI, HOSKOTE TALUK
     BENGALURU RURAL DISTRICT - 562 114.

4.   SRI. MUNIYAPPA,
     S/O LATE VENKATARAMANAPPA,
     AGED ABOUT 72 YEARS,
     R/AT CHEEMANDAHALLI VILLAGE
     KASABA HOBALI, HOSKOTE TALUK
     BENGALURU RURAL DISTRICT - 562 114.

5.   THE DEPUTY DIRECTOR OF LAND RECORDS (DDLR)
     BENGALURU RURAL DISTRICT
     OFFICE BEERASANDRA, DEVANAHALLI TALUK
     BENGALURU RURAL DISTRICT - 562 110.

6.   THE ASSISTANCE DIRECTOR
     OF LAND RECORDS (ADLR)
     HOSKOTE TALUK, HOSKOTE
     BENGALURU RURAL DISTRICT - 562 114.

7.   THE TAHSILDAR
     HOSKOTE TALUK, HOSKOTE
     BENGALURU RURAL DISTRICT - 562 114.

8.   THE SURVEY SUPERVISOR
     OFFICE @ TALUK SURVEYOR
     HOSKOTE TALUK, HOSKOTE
     BENGALURU RURAL DISTRICT- 562 114.
                                           ...RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R5 TO R8)
                                  -3-
                                                  NC: 2026:KHC:11381
                                                 WP No. 5281 of 2026


HC-KAR




       THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.5 TO RESTRAIN FROM MAKING ORDERS
THAT     MAY   AFFECT      THE   QUESTION         OF    RIGHTS   AND
POSSESSION WITH          RESPECT       TO   OLD    SY.NO.48/4    (NEW
SY.NO.48/4, 48/19, 48/20, 48/21, 48/22) AS NEW SY.NO.48/4
AND SY.NO.48/19 IS PENDING IN CIVIL COURT AS THE DDLR
R5 IS ACTING WITHOUT JURISDICTION AND STAY THE APPEAL
PENDING BEFORE THE R5 DDLR IN APPEAL NO.177/2025-26
AT ANNEXURE-H AND ETC.,

       THIS    PETITION,    COMING          ON    FOR   PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS


                           ORAL ORDER

Learned AGA takes notice for respondent Nos.5 to 8. Notice to the other private respondents is not necessary, for the following reasons:

Having heard the learned counsel for some time and on perusing the petition papers, this Court finds that the writ petition is premature. An appeal has been filed by the respondent No.1 before the Fifth respondent - Deputy Director of Land Records, calling in question a previous survey for 11-E -4- NC: 2026:KHC:11381 WP No. 5281 of 2026 HC-KAR sketch. Therefore, neither the petitioner nor this Court can presume that the Deputy Director of Land Records is going to allow the appeal and set aside the 11-E sketch, having regard to the objections sought to be raised by the petitioner that two suits are subsequently filed and the suit for declaration has to be decided. Therefore, before such a decision is made by the competent Civil Court, such an action cannot be taken by the Survey Settlement Authorities.

2. With these observations, the petition stands disposed of granting liberty to the petitioner to raise all objections before the Deputy Director of Land Records and the Deputy Director shall consider the same before passing any orders.

3. Learned AGA shall file her memo of appearance within four weeks.

Sd/-

(R DEVDAS) JUDGE KS