Facts
The petitioners claimed title under a sale deed from Sadanand Puri dated 3 November 2025.
Source reference: p. 3–7Respondent No. 5, as the legal representative of Suresh Lahoti, relied on a decree for specific performance concerning the property, affirmed by the appellate courts and the Supreme Court.
Source reference: p. 3–7In execution proceedings, a court sale deed was executed in her favour on 18 December 2025 and registered on 20 December 2025; the Tahsildar subsequently mutated the khata in her name.
Source reference: p. 3–7The petitioners challenged both the sale deed and the mutation order under Articles 226 and 227, while their application under Order XXI Rules 97–101 CPC in the execution proceedings and a separate civil suit remained pending.
Source reference: p. 28–30Issues
1. Whether the High Court should exercise writ jurisdiction to quash the court-executed registered sale deed when the petitioners’ claims were also pending before the executing court and in a civil suit
Source reference: p. 28–302. Whether the petitioners could challenge the Tahsildar’s mutation order by writ petition despite an appeal being available under Section 136(2) of the Karnataka Land Revenue Act, 1964
Source reference: p. 303. Whether disputed questions of fact concerning the parties’ competing claims to the property could be determined in the writ proceedings
Source reference: p. 30–31Law Applied
Articles 226 and 227 of the Constitution confer writ and supervisory jurisdiction, but the Court declined to exercise that jurisdiction where the petitioners had efficacious remedies before the executing court and civil court, and where the dispute involved complex questions of fact.
Source reference: p. 29–31Section 136(2) of the Karnataka Land Revenue Act, 1964 provides an appellate remedy against the mutation order.
Source reference: p. 30Sections 31 and 34 of the Specific Relief Act were identified as routes through which the petitioners could seek appropriate relief concerning the registered instrument and their asserted rights.
Source reference: p. 29The Court also noted that the petitioners had not placed sufficient pleadings or acceptable material to impeach the registered sale deed.
Source reference: p. 29Reasoning
The Court found that the petitioners’ property claims were already before the executing court through their pending application and were also the subject of a separate suit.
Source reference: p. 29–30In those circumstances, and absent sufficient material to impeach the registered sale deed, the Court held that writ jurisdiction was not an appropriate forum to quash it.
Source reference: p. 29–30As to the mutation order, the available appeal under Section 136(2) made the writ petition unsuitable for that relief.
Source reference: p. 30The competing claims also raised complex and disputed factual questions that could not appropriately be resolved in the writ proceedings, particularly while the other proceedings remained pending.
Source reference: p. 30–31Holding
The High Court dismissed the writ petition.
It declined to quash the registered court sale deed or the Tahsildar’s mutation order, leaving the petitioners to pursue the remedies available before the executing court, in the civil suit, and by statutory appeal.
Source reference: p. 29–31Acts & Sections Cited
4 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Limitation Act, 19631
Specific Relief Act, 19633
Original Court PDF
SRI MALLIKARJUNvsSTATE OF KARNATAKA
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