- 1 - HC-KAR NC: 2025:KHC:23752 WP No. 50636 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 50636 OF 2019 (KLR-RES) BETWEEN: MRS.SHANTHAMMA WIFE OF LATE MR.KRISHNAPPA, AGED ABOUT 61 YEARS, RESIDING AT VIJAYAPURA TOWN, DEVANAHALLI TALUK. BANGALORE RURAL DISTRICT. …PETITIONER (BY SRI.C.B.RUDRABHUSHAN., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, DISTRICT ADMINISTRATIVE BHAVAN, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK. BANGALORE RURAL DISTRICT. 2. MR.ASHWATHAPPA, S/O. LATE MR. MUNISWAMAPPA, AGED 50 YEARS, RESIDING AT KEREKODI ROAD, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. …RESPONDENTS Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23752 WP No. 50636 of 2019 (BY SMT.SAVITRAMMA, LEARNED AGA FOR RESPONDENT NO.1; SMT.S.B.LAKSHMI, LEARNED COUNSEL FOR RESPONDENT NO.2) THIS WRIT PETITION FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, 1949, PRAYING TO SET ASIDE THE ORDER OF THE R-1 IN CASE RP.NO.18 OF 2018 DATED 27.06.2019 ANNEXURE-C AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioner is assailing the order dated 27.06.2019, in RP.No.18/2018 at Annexure 'C', on the file of the respondent No.1. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, the private respondent herein is claiming right in respect of the subject land, based on the registered will, and same is the subject matter in OS.No.66/2018. In that view of the matter, taking into consideration the fact that the suit is pending consideration - 3 - HC-KAR NC: 2025:KHC:23752 WP No. 50636 of 2019 before the competent Civil Court with regard to the veracity of the will in question and the propounder of the will has to prove the will in a manner known to law, I do not find any merit in this writ petition. However, the petitioner herein has to await the judgment and decree that may be made by the Civil Court in OS.No.66/2008. In the event the petitioner succeeds in the suit, the petitioner is directed to approach the Revenue Authorities seeking modification of the mutation entries thereafter. 4. With these observations, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE SRK List No.: 1 Sl No.: 60