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2021 Supreme(SC) 61

D.Y.CHANDRACHUD, INDIRA BANERJEE, SANJIV KHANNA
COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE – Appellant
Versus
FARAULLA KHAN – Respondent


Advocates Appeared:
For the Petitioner(s):Yatindra Singh, Anand S., T. R. B. Sivakumar, Advocates
For the Respondent(s):Shailesh Madiyal, Sudhanshu Prakash, Advocates

ORDER

1. Mr Yatindra Singh, learned senior counsel appearing on behalf of the petitioner, while assailing the judgment of the Division Bench of the Karnataka High Court dated 26 June 2019 dismissing Writ Appeal No 4393/2013, submits that a title suit (OS No 4413/2000) is presently pending between the petitioners and Lakshminarayana Charitable Trust, where the title to the suit property is under adjudication. The submission which has been urged is that pending the decision of the title suit, the High Court ought not to have issued a direction for mutation.

2. The High Court has clarified that the direction for mutation will be subject to the pursuit of any other remedy available under the Karnataka Municipal Corporation Act 1956 and it is open to the Bruhath Bengaluru Mahanagara Palike to establish its title by following due process of law. With the clarification which has been issued by the Division Bench of the High Court in the present petition, it is not necessary to entertain the Special Leave Petition under Article 136 of the Constitution. It is well settled that mutation entries do not by themselves confer title which has to be established independently in a declaratory suit.

3.


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