The petitioners claim that the property bearing katha

No.45/1 measuring 40x25 feet of Parswaganahalli village, Kolar

Taluk, was allotted in favour of the mother of the petitioners,

Smt.Sumithramma under the Gramina Ashray Yojana. After

obtaining loan from Rajiv Gandhi Housing Corporation Limited,

the mother of the petitioners constructed a house. In pursuance

of the said allotment, the katha was registered in favour of the

mother of the petitioners in respect of the subject property.

2.

The 3rd respondent alleging that the subject property

is joint family property of the petitioners and the respondent

No.3 filed an appeal under Section 269 of Karnataka Gram

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Swaraj and Panchayat Raj Act, 1993. Challenging the katha

registered in favour of the mother of the petitioners. The 1st

respondent by the order set aside the katha registered in favour

of the mother of the petitioners and cancelled the katha standing

in the name of the mother of the petitioners. Hence, this writ

petition.

3.

The learned counsel appearing for the petitioners

submits that the 3rd respondent has no right, title and interest

over the subject property and as such, the appeal filed by the 3rd

respondent is not maintainable.

4.

On the other hand, the learned counsel appearing for

the 3rd respondent submits that the suits are pending in respect

of the subject property and the 1st respondent has rightly

cancelled the katha registered in favour of the mother of the

petitioners and the same does not warrant any interference and

sought for dismissal of the writ petition.

5.

I have examined the submissions of the learned

counsel for the parties.

6.

It is undisputed that the katha in respect of the

subject property was standing in the name of the mother of the

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petitioners for the last thirty years. It is also undisputed that the

suits are pending between the parties, however, there is no

adjudication of title over the subject property in favour of the

petitioners as well as the 3rd respondent. Hence, the impugned

order passed by the 1st respondent in the absence of any order

adjudicating the rights of the petitioners as well as the 3rd

respondent is impermissible. Accordingly, I pass the following:

ORDER

i)

Writ petition is allowed.

ii)

The impugned order dated 17.3.2021 passed by the

1st respondent at Annexure-A is hereby quashed.

iii)

The 2nd respondent is hereby directed to restore the

katha registered in favour of the petitioners' mother forthwith

and the same is subject to out come of the pending suit pending

between the parties.

The order passed in this writ petition shall not come in the

way of adjudication of the rights of the parties over the subject

property before the Trial Court.

All contentions are kept open.

Sd/-

JUDGE

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