SUVARANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed assailing the endorsement issued by respondent No.2 dtd. 31/12/2024 thereby declining to reflect the interim injunction granted by the competent civil Court in O.S.No.784/2024.

(2.) Heard the learned counsel for the petitioner and the learned HCGP appearing for respondent.

(3.) The present case highlights a regrettable state of affairs where revenue authorities have failed to uphold the legal sanctity of an injunction order granted by a competent civil court in a partition suit. In the suit filed for partition and consequential reliefs, the civil court, after considering the application under Order 39 of the Civil Procedure Code (CPC), granted an injunction restraining the defendants from alienating the suit property. Despite the subsistence of this injunction, respondent No.2, the Tahsildar, relying on a circular, issued an impugned endorsement stating that since the State was not a party to the civil proceedings, he was not bound to reflect the injunction order in the "other rights" column of the revenue records. This approach by the revenue authorities is legally untenable and needs to be condemned in the strongest possible terms.