- 1 - HC-KAR NC: 2025:KHC-D:14910-DB WA No. 100178 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO. 100178 OF 2025 (GM-RES) BETWEEN: RAJAVVA W/O. BAHU KAWATEKAR AGE. 58 YERS, OCC. HOUSEHOLD WORK, R/O. SAVALAGI, TALUK. JAMKHANDI, DISTRICT: BAGALKOT-587301. …APPELLANT (BY SRI. J.S. SHETTY, ADVOCATE) AND: 1. SRI. BALU S/O. DEEPANNA ASANGI AGE. 59 YEARS, OCC. AGRICULTURE, R/O. SAVALAGI, TALUK. JAMKHANDI, DIST. BAGALKOT-587301. 2. SRI. MAHAVEER S/O. BHAU KAWATEKAR AGE. 32 YEARS, OCC. AGRICULTURE, R/O. SAVALAGI, TALUK: JAMKHANDI, DIST. BAGALKOT-587301. 3. SMT. SUNANDA W/O. ADAGOND PATIL PRESENTLY KNOWN AS SMT. SUNANDA W/O. BALAPPA ASANGI AGE. MAJOR, OCC. HOUSEHOLD WORK, R/O. SAVALAGI, TALUK. JAMKHANDI DIST. BAGALKOT-587301. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.07 14:22:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14910-DB WA No. 100178 of 2025 4. SRI. SHRIDHAR S/O. MAHAVEER NARASAGOND AGE. 33 YEARS OCC. AGRICULTURE, R/O. ALAGUR, TALUK: JAMKHANDI DIST. BAGALKOT-587301. 5. THE ASSISTANT COMMISSIONER JAMKHANDI ALSO THE MAINTENANCE TRIBUNAL UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007 COURT COMPOUND, JAMAKHANDI, DIST. BAGALKOT-587301. …RESPONDENTS (BY SRI. ANIL KALE, ADVOCATE FOR R1, R3 AND R4; SRI. SHARAD V. MAGADUM, AGA FOR R5; NOTICE SERVED TO R2) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THAT THE ORDER DATED 29.01.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.101466/2022 (GM-RES), MAY KINDLY BE SET ASIDE BY ALLOWING THIS APPEAL AND CONFIRMING THE ORDER PASSED BY THE LAND TRIBUNAL IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:14910-DB WA No. 100178 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The petitioner claiming to be wife of Bahu Kawatekar is before this Court questioning the Order dated 29.01.2025 passed by the learned single judge in Writ Petition No.101466/2022(GM-RES). Admittedly the petitioner was not a party to the writ proceedings. It is also claimed that petitioner is second wife of Bahu Kawatekar who died on 9.10.2024. 2. The said Bahu Kawatekar during his life time had approached the Assistant Commissioner under the provisions of the Maintenance and Welfare of parents and Senior Citizens Act, 2007 claiming maintenance and in the said proceedings, land in Survey No. 133/1 to an extent of 5 acres 36 guntas and land in Survey No.133/3 measuring 11 acres 30 guntas has been directed to be entered in the name of the said Bahu Kawatekar with further observation that he would have right over those properties during his - 4 - HC-KAR NC: 2025:KHC-D:14910-DB WA No. 100178 of 2025 lifetime. The said order was against his children and grandson. 3. The appellant-petitioner is before this Court questioning the said order. 4. The Learned single Judge by order dated 29.01.2025 allowed the writ petition and quashed the order at Annexure-D dated 10.02.2022 and directed for restoration of status quo ante subject to the result of Civil suit in OS No.80/2022. The learned single judge is justified in quashing and directing the restoration of status quo ante subject to the result of Civil suit in OS No.80/2022. The appellant who is not party to this writ petition is before this Court, contending that, being second wife of Bahu Kawatekar, she has interest in the properties. Further it is stated that there is a registered Will in her favour. If that is so, it is for the appellant to establish her right in properly instituted proceedings in a Civil Court. It is also seen that the appellant is also a party to OS No.80/2022. - 5 - HC-KAR NC: 2025:KHC-D:14910-DB WA No. 100178 of 2025 5. With the above observation, the writ appeal stands rejected. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB CT-CMU LIST NO.: 1 SL NO.: 31