SHANTHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the memorandum bearing [xxxxxxxxx] (Annexure-M) and consequential order dtd. 25/8/2015 registering the katha of the schedule property in the name of the fourth respondent.

(2.) Heard the learned counsel Sri.Sampath Bapat for petitioners, learned High Court Government Pleader Sri.M.B.Santhosh Kumar for respondent No.1, learned counsel Sri.M.Narayana Reddy for respondent Nos.2 and 3, learned counsel Sri.A.Ravishankar for respondent No.4 and learned counsel Smt.Irfana Nazeer for respondent No.5. Perused the writ petition papers.

(3.) On perusal of the impugned memorandum at Annexure-M dtd. 12/12/2014 indicates that third respondent - Grama Panchayath based on the judgment and decree dtd. 22/8/2012 in O.S.No.173/2008 entered the name of the fourth respondent in the katha register in respect of the property No.118, Assessment No.336/336 of Belamaranahalli Grama Panchayath of Chakarasanahalli Village. Annexure-N is the extract of katha register wherein the fourth respondent's name is entered. Learned counsel for the petitioners would submit that against the judgment and decree dtd. 22/8/2012 in O.S.No.173/2008, the petitioners have preferred R.F.A.No.1542/2012 and the same is pending. It is his submission that when the appeal is pending, the third respondent could not have entered the name of the fourth respondent in the katha register relating to the schedule property.