IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 22ND DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT W.A.Nos.4802-4804 OF 2015 AND 5589 OF 2015 (KLR-RR/SUR) BETWEEN:
1. SMT. D E SHUBHADA WIFE OF S V SURENDRA, AGED ABOUT 32 YEARS RESIDING AT CHITRA WOOD INDUSTRIES NEHRU NAGARA VIJAYAPURA CHIKMAGALUR CITY-577 001.
2. SRI HAFIZ MOHAMMED AYAZ SON OF ABDUL WAHAB AGED ABOUT 61 YEARS RESIDING AT MARKET ROAD EASTERN SITE EXTENSION CHICKMAGALUR CITY-577 001.
REPRESENTED BY GPA HOLDER SMT. NASEEM BANU AGED ABOUT 53 YEARS WIFE OF MR. HAFIZ MOHAMMED AYAZ RESIDING AT MARKET ROAD CHICKMAGALUR CITY-577 001.
3. SRI C N AHMAD SON OF C J NAWAB JOHN AGED ABOUT 40 YEARS RESIDING AT SHARIEFF GALLY CHICKMAGALUR CITY-577 001.
(BY SRI BHADRINATH R, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDING BENGALURU-560 001 BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER CHIKAMAGALURU DISTRICT CHIKAMAGALUR-577 001.
3. THE ASSISTANT COMMISSIONER CHIKAMAGALURU DISTRICT CHIKAMAGALUR-577 001.
4. THE TAHSILDAR CHIKAMAGALURU DISTRICT CHIKAMAGALUR-577 001.
5. SRI SYED ASIF UNNISA DAUGHTER OF SYED GHOUSE MOHIDEEN SHAKHADRI AGED ABOUT 83 YEARS R/AT NO.22/2, 1ST FLOOR ... APPELLANTS GRAPE GARDEN EJIPURA MAIN ROAD VIVEKNAGAR BENGALURU -560 047.
6. SRI SYED ASHRAF PASHA SON OF SYED MUMTAZ PASHA AGED ABOUT 49 YEARS RESIDING AT NO.22/2, 1ST FLOOR, GRAPE GARDEN EJIPURA MAIN ROAD VIVEKNAGAR BENGALURU-560 047 7. SRI SYED NADEEM PASHA SON OF SYED ANWAR PASHA AGED ABOUT 46 YEARS RESIDING AT NO.82 2ND MAIN ROAD, 4TH CROSS VIVEKNAGAR EXTENSION, VIVEKNAGAR BENGALURU -560 047 (BY SRI.S S MAHENDRA, AGA FOR RESPONDENT Nos.1 TO 4 SRI. R SUBRAMANYA, ADVOCATE FOR RESPONDENT Nos.5 TO 7) ... RESPONDENTS THESE APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION Nos.56788/2014 & 56885-887/2014 DATED 10/07/2015.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the impugned order dated 10.07.2015 passed by the learned Single Judge in Writ Petition Nos.56788 and 56885-887 of 2014, the applicants are in appeal.
2. The plea of the applicants is that they are the owners of the land in question having purchased the same under a registered sale deed in the year 2007. The same has not been brought to the notice of the learned Single Judge or in the subsequent proceedings before the revenue authorities. That the appellants were also not made parties therein.
3. Under these circumstances, since the appellants claim ownership of the land in question, they would have to adjudicate the same in an appropriate proceedings before the Civil Court. The appellants’ counsel submits that the appellants are already before the Civil Court in O.S.Nos.422, 424 and 425 of 2015 before the learned Senior Civil Judge and JMFC, Chikkamagalur.
4. Under these circumstances, we are of the view, that entries would be subject to the result of pending suits. Consequently the appeals are disposed off. All entries which would be made by the authorities would necessarily abide by the judgment and decree of the Civil Court.
Sd/- Sd/-
JUDGE JUDGE NG* CT:bms