SRI LOKESH S vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58224
WP No. 18649 of 2026
CNR: KAHC010410532026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.18649 OF 2026 (KLR-RES)
BETWEEN:
1. SRI. LOKESH S
S/O SHIVANNA,
AGED ABOUT 36 YEARS,
R/AT NO.220, VENKATAPURA,
HULLEGOWDANAHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK - 562 162
2. SRI. SHIVAKUMAR
S/O MARIYAPPA,
AGED ABOUT 54 YEARS,
R/O VENKATAPURA,
HULLEGOWDANAHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK - 562 162
…PETITIONERS
(BY SRI. VIGHNESHWAR S. SHASTRY, SENIOR COUNSEL FOR
SRI. YADUNANDAN N, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY,
MINISTRY OF REVENUE,
VIDHANA SOUDHA,
BANGALORE – 560 001
Digitally signed
by CHAYA S A
Location: HIGH
COURT OF
KARNATAKA
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WP No. 18649 of 2026
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2. DEPUTY COMMISSIONER,
BENGALURU RURAL DISTRICT,
CHAPPARADAKALLU,
BEERASANDRA,
DEVANAHALLI TALUK - 562 110
3. ASSISTANT COMMISSIONER,
DODDABALLAPURA SUB-DIVISION,
BANGALORE RURAL - 561 203
4. TAHASILDAR,
OFFICE OF THE TALUK NELAMANGALA,
NELAMANGALA TALUK,
BANGALORE RURAL - 562 123
5. SMT. MUTHAMMA
D/O LATE MUNIMUTHALAH,
AGED ABOUT 68 YEARS
6. SMT. SIDDAGANGAMMA
W/O LATE RAJANNA,
AGED ABOUT 61 YEARS
7. SRI. MUTHAIAH
S/O LATE MUNIMUTHAIAH,
AGED ABOUT 63 YEARS
8. SRI. KRISHNAPPA
S/O LATE MUNIMUTHAIAH,
AGED ABOUT 61 YEARS
9. SRI. RAMAIAH M
S/O LATE MUNIMUTHAIAH,
AGED ABOUT 59 YEARS
10. SMT. AKKAYAMMA
W/O LATE MUNIMUTHRAYAPPA,
AGED ABOUT 86 YEARS
11. SRI. PUTTUSWAMAIAH
S/O LATE MUTHURAYAPPA,
AGED ABOUT 61 YEARS
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WP No. 18649 of 2026
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12. SMT. VANAJAKSHI
W/O LATE NAGALAH,
AGED ABOUT 51 YEARS
13. SMT. LAKSHMAMMA
D/O LATE MUTHURAYAPPA,
AGED ABOUT 57 YEARS
14. SMT. NAGARATHNAMMA
D/O LATE MUTHURAYAPPA,
AGED ABOUT 55 YEARS
15. SMT. MARAKKA
W/O LATE MALLALAH,
AGED ABOUT 75 YEARS
16. SMT. MUNIYAMMA
D/O LATE MALLAIAH,
AGED ABOUT 57 YEARS
17. SRI. MUTHURAYAPPA
S/O LATE MALLALIAH,
AGED ABOUT 52 YEARS
SL.NOS.5 TO 17 ARE RESIDING AT:
MANTANAKURCHI VILLAGE, KASABA HOBLI,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT – 562 130
18. SRI. GANGADARAPPA
S/O LATE GANGAIAH,
AGED ABOUT 62 YEARS,
R/AT BYREGOWDANAHALLI VILLAGE,
SONDEKOPPA POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK - 562 162
19. SMT. MARAKKA
W/O LATE GANGAIAH,
AGED ABOUT 80 YEARS,
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WP No. 18649 of 2026
CNR: KAHC010410532026
R/AT MANTANAKURCHI VILLAGE,
KASABA HOBLI,
NELAMANGALA TALUK - 562 123
20. SRI. NAGESH R
S/O RAMEGOWDA,
AGED ABOUT 35 YEARS,
R/AT CHITHANAHALLI VILLAGE,
BINDIGANAVILE HOBLL,
NAGAMANGALA TALUK,
MANDYA DISTRICT – 571 401
…RESPONDENTS
(BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R4;
SRI. S.N.ASHWATH NARAYANA, SENIOR COUNSEL FOR
SRI. S.A.SUDHINDRA, ADVOCATE FOR R5 TO R17)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED
06.05.2026 PASSED IN REVISION PETITION NO.44/2025 BY
THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT,
AS PER ANNEXURE-G; AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. The petitioners in this Writ Petition are assailing the order
dated 06.05.2026 in R.P.No.44/2025 (Annexure-G) passed by
respondent No.2.
2. Sri. Vighneshwar S. Shastry, learned Senior Counsel
appearing on behalf Sri. Yadunandan N., learned counsel for
the petitioners, submitted that respondent No.2 has committed
an error in not considering the mortgage dated 13.03.1952 said
to have been made in favour of the petitioner herein as the said
mortgage has not been redeemed as on today and therefore,
sought for interference of this Court.
4. Per contra, Sri. S.N. Ashwath Narayana, learned Senior
Counsel appearing on behalf of Sri. S.A. Sudhindra, learned
counsel for respondent Nos. 5 to 17, contended that after the
execution of the registered mortgage deed dated 13.03.1952,
same has been redeemed and subsequent registered mortgage
has been effected in favour of one Abdul Kareem Sab on
13.04.1953 and further the registered sale deed has been
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executed by paying the amount received as per the mortgage
deed dated 13.03.1952 and further submitted that the original
mortgage deed is with the private respondents herein after
redeeming the earlier mortgage deed dated 13.03.1952 and
accordingly, submitted that the respondent No.2, after
considering the material on record has rightly interfered with
the order as per Annexure-G which requires to be confirmed in
this Writ Petition.
5. Sri. Aditya Diwakara, learned Additional Government
Advocate appearing for respondent Nos.1 to 4, sought to justify
the impugned order passed by respondent No.2.
6. In the light of the submissions made by the learned
counsel appearing for the parties and on careful consideration
of the material on record would indicate that one Muniyappa –
predecessor of interest in respect of the land in question, had
purchased the land in question on 08.07.1950 and thereafter
the land in question was mortgaged in favour of predecessor of
the petitioners herein as per the mortgage deed dated
13.03.1952. However, it is not forthcoming from the finding
recorded by the respondent - authorities as to when the earlier
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mortgage deed dated 13.03.1952 was redeemed from
Gangaiah in favour of Muniyappa and on the other hand,
private respondents have not produced the deed of redemption
of earlier mortgage.
7. It is well settled principle in law that “once the mortgage
deed is registered, mortgage will continue until redemption of
mortgage” as per the provisions contained under the Transfer
of Property Act, 1882.
8. In that view of the matter, respondent No.3 has rightly
passed the order in favour of the petitioner herein. However,
respondent No.2 has erroneously passed the impugned order at
Annexure-G, transferring the mutation in favour of private
respondent herein, which is contrary to well established
principles of law.
9. It is also forthcoming from the writ papers that
O.S.No.1251/2025 is filed by the private respondents herein
before the Prl. Senior Civil Judge at Nelamangala and suit is
pending consideration before the Civil Court. In that view of
the matter, as the private respondents herein have to establish
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right in respect of the property in question in a manner known
to law in the aforementioned suit, I am of the view that, the
order passed by respondent No.2 requires to be interfered with.
10. Accordingly, I pass the following:
ORDER
(i) The Writ Petition is allowed.
(ii) The order dated 06.05.2026 in R.P.No.44/2025
passed by respondent No.2 is accordingly set aside.
(iii) Respondent No.4 is directed to enter the name of
the petitioners in the revenue records in respect of the subject
land, within a period of two months from the date of receipt of
certified copy of this order, if any modification has taken place
after the issuance of the order dated 06.05.2026 in
R.P.No.44/2025.
Sd/-
(E.S.INDIRESH)
JUDGE
sac
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