THE HIGH COURT OF KARNATAKA
S.SUNIL DUTT YADAV
SRI JAYANT VENKATESH – Appellant
Versus
THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER – Respondent
WP 32425/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 32425 OF 2025 (KLR-RES)
BETWEEN:
1. SRI JAYANT VENKATESH S/O LATE HK VENUGOPALA REDDY, AGED ABOUT 40 YEARS, NO. 230/1, HOODI, WHITEFIELD MAIN ROAD, MAHADEVAPURAM ROAD, BENGALURU - 560 048.
2. SMT. MINU VENUGOPALA REDDY, D/O LATE H K VENUGOPALA REDDY, AGED ABOUT 36 YEARS, RESIDENT OF NO.230/1, HOODI, Digitally signed by VIJAYA P WHITEFIELD MAIN ROAD, Location:
MAHADEVAPURAM ROAD, BENGALURU 560048.
HIGH COURT OF CURRENTLY RESIDING AT 9, KARNATAKA COUNTRY CANDLE LANE, NORTHBOROUGH MA-01532 UNITED STATES OF AMERICA.
REPRESENTED BY HER SPA HOLDER, SRI. VENUGOPAL DORAISWAMY, S/O LATE DORAISWAMY REDDY, AGED ABOUT 68 YEARS, RESIDING AT NO. 351, 57 'C' CROSS, 3RD BLOCK, RAJAJINAGAR, NEAR BHASHYAM CIRCLE, BENGALURU - 560 010 … PETITIONERS (BY SRI. AMRUTHESH C., ADVOCATE)
AND:
1. THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS, BENGALURU DISTRICT, BENGALURU-560 001. 2. THE TAHSILDAR, BENGALURU EAST TALUK, HOODI, K R PURAM, BENGALURU-560 048.
3. THE ASSISTANT DIRECTOR OF LAND RECORDS, BENGALURU EAST TALUK, K R PURAM, BENGALURU-560 048.
4. THE LAND SURVEYOR, BENGALURU EAST TALUK, K R PURAM, BENGALURU-560 048.
5. THE REVENUE INSPECTOR, BENGALURU EAST TALUK, K R PURAM, BENGALURU - 560 048.
6. SMT. CHANDRIKA, W/O LATE H K DWARKANATH REDDY, AGED ABOUT 65 YEARS
7. SMT HARSHITHA D/O LATE H K DWARKANATH REDDY, AGED ABOUT 40 YEARS, BOTH ARE RESIDING AT NO. 707, C BLOCK, KEERTI SIGNATURE, ITPL MAIN ROAD, BENGALURU - 560 046.
8. SMT. H K BRUNDA DEVI, D/O LATE H P KRISHNA REDDY, AGED ABOUT 67 YEARS, RESIDING AT NO.188, 1ST MAIN, MAHALAKSHMI LAYOUT, BENGALURU - 560 086.
9. SRI. K HARINDRANATH, S/O LATE H P KRISHNA REDDY, AGED ABOUT 71 YEARS, RESIDING AT NO. 2AC, 712, 2ND CROSS, HRBR LAYOUT, 1ST BLOCK, KALYAN NAGAR, BENGALURU - 560 043.
10. SRI. B BHASKAR NAIDU, S/O SRI. B SURYANARAYANA, AGED ABOUT 54 YEARS, RESIDING AT NO.1040, 10TH MAIN, JUDICIAL LAYOUT, GKVK POST, YELAHANKA, BENGALURU - 560 065.
… RESPONDENTS (BY SMT. NAVYA SHEKHAR, ADVOCATE FOR R1 TO R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE KARNATAKA APPELLATE TRIBUNAL TO DISPOSE OFF I.A.NO.3 FILED UNDER ORDER 6 RULE 17 R/W SECTION 151 OF CPC ON THE FILE OF KARNATAKA APPELLATE TRIBUNAL AT BENGALURU IN REVENUE APPEAL NO.01/2025 PRODUCED AS ANNEXURE-F BEFORE CONSIDERING I.A.NO.2 FILED UNDER REGULATION 13 OF THE KARNATAKA APPELLATE TRIBUNAL ACT, 1979 PRODUCED AS ANNEXURE-D2 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
Learned Additional Government Advocate accepts notice for respondents 1 to 5.
2. Petitioner has sought for a direction to the Karnataka Appellate Tribunal to dispose of the application (I.A.No.3) filed under Order 6 Rule 17 read with Section 151 of CPC in the pending Revenue Appeal No.1/2025 before considering I.A.No.2 filed under Regulation 13 of the Karnataka Appellate Tribunal Act, 1979.
3. Learned counsel for the petitioner submits that in light of the requirement to include certain additional pleadings, I.A.No.3 was filed seeking for amendment. It is further submitted that the amendment application is necessary to be considered and orders be passed before I.A.No.2 filed seeking stay of the order impugned before the Tribunal, is considered. It is submitted that if I.A.No.2 is considered without considering and passing orders on I.A.No.3, interest of the petitioner who is the appellant before the Tribunal would be prejudiced.
4. Noticing the limited prayer made, it would be appropriate to dispose of the petition directing the Tribunal to dispose of the application for amendment i.e., I.A.No.3 before deciding I.A.No.2.
5. Issuance of notice to respondents 6 to 10 is dispensed with in light of the limited prayer sought for and the order passe
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