1. The petitioner-M/s.Raghava Reddy & Associates, a partnership firm comprising of two partners namely, Mr.K.Raghava Reddy & Mr.K.R.Jayachandra Reddy along with three other petitioners, the partners in personal capacity viz., Mr.K.Raghava Reddy, Mr.K.R.Jayachandra Reddy and Mr.K.R.Kumara Reddy, Bangalore, have filed these petitions before this Court on 27.02.2015 challenging the impugned order dated 25.09.2014 passed by the 1st Respondent-Joint Commissioner (East Zone), BBMP, Bangalore, in a Review Petition under Section 114-A of the Karnataka Municipal Corporations Act, 1976, by which, the said Joint Commissioner transferred the ‘Khata’ already entered in the name of the present petitioners and restored the same in the names of Smt.Ramabai Krishna and Dr.N.S.Jayanthi, the vendors of the property to these petitioners.

2. The said impugned order as a matter of fact was passed in pursuance of the directions given by the learned Single Judge of this Court on 12.12.2012 in W.P.No.38099/2011. The learned Single Judge of this Court directed the appropriate authority namely, the 1st Respondent-Joint Commissioner to decide the Review Petition about the khata entries, after hearing the petitioner as well as Respondents 3 to 6, who are the present petitioners before this Court.

3. The operative portion of the impugned order passed by the Joint Commissioner is quoted below for ready reference:

“The said suit appears to be pending and further the Interim order passed by the Civil Court though does not effect the transfer of ‘Katha’, still the Sale deeds executed by the Respondents as GPA holders of the owners of the property is illegal and void in the eye of Law. The title of the property and question of cancellation of registered Sale deeds is still pending before the Civil Court and therefore it is necessary to revoke the ‘Katha’ made in the name of the Respondents and restored in the name of Smt. Ramabai Krishna Rao and Dr. N.K. Jayanthi in whose names ‘Katha’ stands earlier to the date of transfer of ‘Katha’ in the name of Raghava Reddy and Associates. Therefore the following

ORDER

I, Sri. B.E. Govindaraju, Joint Commissioner (East Zone) Delegatee of the Commissioner, BBMP having perused the records available in the file and the objections and counter objections filed by both the parties have come to the conclusion of Katha transferred of property No.8/1 and 8/2 effected as per endorsement dated 06-02-2008 vide No.DA/S/W78KTR53/2007-08 and DA(S)W78 KTR54/2007-08 are hereby revoked and Katha stood in the name of earlier owners Smt. Ramabai Krishna Rao and Dr. N.K. Jayanthi respectively is restored.

4. The learned counsel for the petitioners Mr.G.Bala Krishna Shastry, assailing the said order has submitted before the Court that the 3rd Respondent Mr.Manish Rao S/o Dr.N.S.Jayanthi Rao and Grand Son of Smt.Ramabai has filed two civil suits, namely O.S.No.5905/2009 & O.S.No.5906/2009, which are pending in the Trial Court even now and in which, an interim injunction order was passed by the learned trial Court on 01.10.2012 that the present petitioners who are the defendants in the said civil suits are restrained from alienating the suit property further.

He submitted that under the General Power of Attorney executed by these two ladies Smt.Rama Bai and Smt.N.S.Jayanthi, the two Sale Deeds in favour of the present petitioners came to be executed on 28.09.2007 and the copies of which are placed on record along with the petitions and which are the subject matter of challenge in the said two civil suits filed by the Respondent-Mr.Manish Rao.

The learned counsel therefore urged that the Respondent-Joint Commissioner, arriving at a finding that the Sale Deeds were executed by any fraud or misrepresentation and treating the same as void, could not have cancelled the ‘Khata’ entries made in favour of the present petitioners in the year 2008 itself, soon after the Sale Deeds were executed in 2007 and restore the ‘Khata’ in the name of the original