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2.2 The said orders were passed under Section 136(2) and under Section 136(3) of the Karnataka Land Revenue Act, 1964. In those appellate and revisional proceedings respectively, the competent authorities set aside the mutation entry in M.R.No.163-19/1995-96 made in favour of the NC: 2024:KHC:10210-DB petitioners in respect of the land bearing Survey No.229 admeasuring 4 acres and 39 guntas, situated at Yedururu Village, Yeldur Hobli, Srinivasapura Taluk. Also called in question was the subsequent mutation entry made in the year 2013 which was M.R.No.H9/2013-14. They are the entries passed by the Tahsildar as back in the year 1995 and 2013.

3.3 It was further stated by the petitioners that in the year 1998, respondent No.6-R.Munireddy and his brothers jointly sold the properties bearing Survey No.228/1 and others and in NC: 2024:KHC:10210-DB the registered sale deed, it was inter alia recited that the properties bearing Survey Nos.229 and 224 of Yedururu Village, which are the subject matter of properties, belonged to the petitioners and that they existed on the eastern side. It was further stated that another sale deed dated 19.08.2004 was also executed by the very respondent No.6, the ownership of the land bearing Survey Nos.229 and 224 was acknowledged. These aspects, it was submitted, made it clear that respondent No.6 was aware of the ownership of the land of the petitioners and the mutation entries effected in respect thereof.

4. The learned advocates of both the sides canvassed same contentions to further their respective cases, as were advanced before learned Single Judge.

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NC: 2024:KHC:10210-DB

5. While allowing the writ petition, one of the factual aspects considered and observed by learned Single Judge is that respondent No.5 has already instituted Original Suit No.29 of 2019 in which the petitioners are made parties as defendants. In that suit, a declaration is prayed for that the plaintiff-respondent No.5 herein was the absolute owner of the land and interim prayer for permanent injunction is also prayed for. It was thus considered by learned Single Judge that the parties are already litigating before the Civil Court in respect of their claim over the property in question. 5.1 A conspicuous aspect is that the mutation entry which was sought to be called in question by respondent No.6 before the revenue authorities was made in the year 1995-96. It was on the basis of the partition effected amongst the sons by the father-R.Venkata Reddy, now deceased, the challenge to the entry before the Assistant Commissioner was raised in the year 2017. Thus, it was after a period of 21 years that respondent No.6 sought to question the mutation entry. Even NC: 2024:KHC:10210-DB after passage of such unreasonable time, the Assistant Commissioner entertained the prayer for setting aside of the mutation entry which was in turn confirmed by the Deputy Commissioner. The delay is too long to be countenanced. 5.2 This situation presently obtained is that respondent No.6 has already approached the competent Civil Court seeking a declaration and the said suit proceedings are pending. The titular rights in respect of the property could only be decided by the civil court. When such proceedings are pending, it has to take its own course in accordance with law and that the mutation entry would be guided by the final outcome of the suit proceedings.

5.3. Learned Single Judge is entirely justified in observing that if respondent No.6 is able to secure a declaration from the civil court, he will be entitled to have his name entered in the revenue records. In the interregnum, as rightly held, it is not permissible for respondent No.6 to change the status of

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NC: 2024:KHC:10210-DB entries which were otherwise duly recorded before long 21 years. The Assistant Commissioner and the Deputy Commissioner, while dealing with the appeal and the revision respectively, misdirected themselves in setting aside the mutation entry which was made as back as in the year 1995-96, in absence of any acceptable explanation regarding passage of time and delay and laches.