- 1 - HC-KAR NC: 2025:KHC-D:15917 WP No. 62516 of 2010 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 62516 OF 2010 (KLR-RR/SUR) BETWEEN: 1. IRAPPA MAHARUDRAPPA MADBAL, AGED ABOUT 69 YEARS, OCC: PENSIONER, 2. MOHAN MAHARUDRAPPA MADBAL, AGED ABOUT 63 YEARS, OCC: PENSIONER, 3. SAVITRI W/O NAGESHRAO, AGED ABOUT 48 YEARS, OCC: HOUSEHOLD WORK, ALL R/AT: KATAGI PRADHANAPPA ONI, NEAR SHAH BAZAR, HUBLI-580 020. 4. KALPATRU CONSTRUCTIONS, A PARTNERSHIP FIRM BY ITS PARTNERS: 4A. RAMESH REVANSIDDAPPA CHALAVADI, AGED ABOUT 40 YEARS, OCC: BUSINESS, R/AT: III CROSS, GIRANI CHAWL, KARWAR ROAD, HUBLI-580 020. 4B. DEEPAK DATTATRAYA PRABHU, AGED ABOUT 40 YEARS, OCC: BUSINESS, R/AT: III CROSS, NEW HUBLI FORT, NEAR CBT, HUBLI-580 020. 4C. NAGARAJ BASAVANTAPPA BELAVADI, AGED ABOUT 39 YEARS, OCC: BUSINESS, R/AT: VYSYA BANK COLONY, PARASWADI, KESHWAPUR, HUBLI-580 020. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15917 WP No. 62516 of 2010 4D. GOPALKRISHNA RAMACHANDRASA KALBURGI, AGED ABOUT 44 YEARS, OCC: BUSINESS, R/AT: SHANTI NAGAR, HUBLI-580 020. 4E. VISHWANATH BABURAO TIRUMALE, AGED ABOUT 44 YEARS, OCC: BUSINESS, R/AT: BHAVANI NAGAR, HUBLI-580 020. … PETITIONERS (BY SRI. S.S. NIRANJAN, ADVOCATE) AND: 1. THE JOINT DIRECTOR OF LAND RECORDS, D.C. COMPOUND, BELGAUM. 2. THE DEPUTY DIRECTOR OF LAND RECORDS, HALYAL ROAD, NEAR ICE FACTORY, DHARWAD-580 001. 3. CITY SURVEY OFFICER, MINI VIDHANA SOUDHA, SIR SIDDAPPA KAMBLI ROAD, HUBLI-580 020. 4. JAYAVANT KRISHNARAO DESAI, AGED ABOUT 70 YEARS, OCC: BUSINESS, R/AT: RAJENDRA COLONY, HAVERI. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3; SMT. SHARMILA PATIL, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE ENTRIES OF THE NAME OF THE RESPONDENT 4 HEREIN ANNEXURE E1 TO E9 AND THE ORDER DATED 08/08/2007 PASSED IN CTS:RTS:AP:36/2006-07 (ANNEXURE-F) AND THE ORDER PASSED BY THE RESPONDENT 1 DATED 17/12/2009 IN REVISION NO.28/07-08 (ANNEXURE-G). - 3 - HC-KAR NC: 2025:KHC-D:15917 WP No. 62516 of 2010 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 08.08.2007 passed by respondent No.3/City Survey Officer who entered the name of 4th respondent in the property records as the legal representative of deceased Venkappa Desai on the basis of Will said to have been executed by deceased Venkappa Desai. The appeal filed by the petitioners before the Deputy Director of Land Records and Joint Director of Land Records is dismissed confirming the order passed by the City Survey Officer. 2. Learned counsel for the petitioners who claim to be the tenants of deceased Venkappa Desai contend that the City Survey Officer has no jurisdiction to enter the name in the property records based on the Will. 3. This contention is not validly appreciated by the concerned Authority. 4. Learned counsel for 4th respondent would submit that legal representatives of deceased Venkappa Desai have not - 4 - HC-KAR NC: 2025:KHC-D:15917 WP No. 62516 of 2010 disputed the Will. The petitioners have no locus to question the Will of deceased Venkappa Desai as such, there is no error in the order passed by the Authorities. 5. The Court has considered the contentions raised at the Bar and perused the records. 6. It is stated that a suit is pending for eviction before the Principal Civil Judge (Junior Division) at Hubballi. In the said suit, it is open to the present petitioners to contend that 4th respondent is not the legal representatives of deceased Venkappa Desai. If that contention is not addressed, petitioners are permitted to amend the written statement. 7. It is also open to respondent No.4 who is one of the plaintiffs in the said suit to establish the fact that he is the legal representative of deceased Venkappa Desai. Subject to the finding, the entries in the record of rights shall be changed. 8. As of now, there is no need to interfere with the impugned orders. However, it is to be observed that the Trial Court shall record a finding relating to the status on the basis of - 5 - HC-KAR NC: 2025:KHC-D:15917 WP No. 62516 of 2010 evidence to be placed before the Court and not based on the entry in the property records which are impugned in this petition. 9. Petition is disposed of with the observations as noted above. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 2 SL NO.: 8.1