- 1 - NC: 2025:KHC:17529 WP No. 6231 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6231 OF 2025 (KLR-RES) BETWEEN: 1. SMT. BHAGYAMMA W/O LATE VENKATA REDDY, AGED ABOUT 51 YEARS, 2. SHIVAPPA S/O LATE NARAYANAPPA AGED ABOUT 49 YEARS 3. KARAGAPPA S/O LATE NARAYANAPPA AGED ABOUT 51 YEARS ALL ARE RESIDING AT NO. 74, KENDANAHALLI VILLAGE, CHINNASANDRA, KALWARA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPUR 563 128 …PETITIONERS (BY Ms. HEENA.S.A., ADVOCATE FOR SRI. SHARATH.S.GOGI., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHIKKABALLAPUR 562 101 2. THE ASSISTANT COMMISSIONER CHIKKABALLAPUR DIVISION CHIKKABALLAPUR 562 101 3. THE TAHSILDAR, CHIKKABALLAPUR TALUK Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17529 WP No. 6231 of 2025 CHIKKABALLAPUR 562 101 4. SRI. SRINIVAS S/O LATE MALLURAMMA AND LATE ANNAIAHPPA KENDANAHALLI VILLAGE, KAIWARA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPUR 563128 …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA FOR R-1 TO R-3; SRI. ANJANEYA.A.B., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION QUASHING THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO. 1 i.e., LEARNED DEPUTY COMMISSIONER, CHIKKABALLAPUR IN R.A. NO. 2/2023-24 DATED 24.01.2025, IMPUGNED ORDER PASSED BY THE RESPONDENT NO. 2 i.e., LEARNED ASSISTANT COMMISSIONER IN CHIKKABALLAPUR IN R.A. NO. 264/2022-23 DATED 09.12.2022 AND IMPUGNED ORDER PASSED BY THE RESPONDENT NO. 3 i.e., LEARNED TAHSILDAR IN RRT (A) DIS NO. 28/2022-23 DATED 30.08.2022 (ANNEXURE-A, B AND C), ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An appeal filed by the petitioners challenging the order of mutation made on the basis of the Will dated 20.07.1992 before the Assistant - 3 - NC: 2025:KHC:17529 WP No. 6231 of 2025 Commissioner was dismissed and a revision filed against the said order was also dismissed. 2. From the material on record, it is clear that the 3rd petitioner – Karagappa had instituted a suit in O.S.No.52/1999 seeking for partition against Venkatarayappa, who was the khatedar and who had executed a Will in favour of the 4th respondent. 3. The said Karagappa had in fact taken up the plea that he was the adopted son and was entitled to share in the property. It is not in dispute that the suit was dismissed and the same was confirmed in appeal. However, it is stated that apart from the 3rd petitioner, the other petitioners have filed a suit in O.S.No.148/2007 seeking for partition and the said suit has been decreed in part. As against which, an appeal in R.A.No.141/2013 has been preferred and is pending consideration. - 4 - NC: 2025:KHC:17529 WP No. 6231 of 2025 4. In my view, since the petitioners are already agitating their rights in R.A.No.141/2013 and the right is yet to be adjudicated, entertaining of this writ petition would not be appropriate. The writ petition is therefore dismissed. It is needless to state that the entries would abide by the result of R.A.No.141/2013. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 140