Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18739 WP No. 36102 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.36102 OF 2024 (KLR-RES) BETWEEN:
SMT. BHAGYAMMA W/O LATE KRISHNAPPA AGED ABOUT 69 YEARS, D/O LATE H.M. MUNIYAPPA, RESIDING AT SEERESANDRA VILLAGE, BANGALORE NORTH TALUK, BENGALURU - 560 089.
REPRESENTED BY HER SPA HOLDER S.K. RAJAGOPAL, S/O LATE KRISHNAPPA, AGED ABOUT 46 YEARS.
…PETITIONER (BY SRI. D. MANJUNATH, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, 5TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT BENGALURU - 560 009.
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:18739 WP No. 36102 of 2024
3.
THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION, BENGALURU - 560 009.
4.
THE TAHASILDAR YELAHANKA TALUK, BANGALORE URBAN DISTRICT - 560 065.
5.
SRI. CHANDRAPPA S/O. LATE MUNISWAMAPPA, AGED ABOUT 54 YEARS, R/AT HANIYURU VILLAGE, HESSARGHATTA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT - 562 123. …RESPONDENTS (BY S. SIDDHARTH BABURAO, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY QUASHING THE IMPUGNED
ORDER DATED 12.04.2024, PASSED BY THE 2ND RESPONDENT IN RP NO. 295/2022 (ANNEXURE F); DIRECT TO THE 4TH RESPONDENT TO MAINTAIN THE NAME OF THE ORIGINAL KHATEDAR, LATE H.M.
MUNIYAPPA, IN THE REVENUE RECORDS (COLUMNS 9 AND 12 OF THE RTC) UNTIL THE PROBATE PROCEEDINGS IN P AND SC NO.43/2022 ARE ADJUDICATED BY THE COMPETENT CIVIL COURT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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HC-KAR NC: 2025:KHC:18739 WP No. 36102 of 2024
ORAL ORDER Learned Additional Government Advocate accepts notice for respondents 1 to 4.
2. Heard Sri. D. Manjunath, learned counsel appearing for the petitioner and Sri. Siddarth Baburao, learned Additional Government Advocate appearing for the respondent-State.
3. In this writ petition, the petitioner is asailing the order dated 12.04.2024 in RP No.295 of 2022 on the file of the respondent No.2.
4. It is submitted by the learned counsel for the petitioner that, the entries made in mutation is the subject matter in P & SC No.43 of 2022 and thereafter, the same has been converted into original suit.
5. In that view of the matter and taking into
consideration that the propounder of the Will has to
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HC-KAR NC: 2025:KHC:18739 WP No. 36102 of 2024
prove the execution of the Will in accordance with the law before a competent court and the said observation has been made by the respondent No.2 in the impugned order and as such, I am of the opinion that, no interference is called for in this writ petition. However, it is open for the parties to approach the revenue authority only after the conclusion of the suit pending before the civil court. With this observation, the writ petition is disposed of.
SD/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 40