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2025 DAILYLAW 79103 (KAR)

SRI ALBADY SADANANDA KAMATH v. THE STATE OF KARNATAKA

WP/21771/2025 · 2025-12-03

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50809 WP No. 21771 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21771 OF 2025 (GM-RES) BETWEEN: 1. SRI ALBADY SADANANDA KAMATH S/O LATE A.S. KAMATH AGED ABOUT 63 YEARS RESIDING AT NO. 16/C 1ST CROSS ROAD, NANDI DURGA ROAD OPP. ANJANEYA TEMPLE, JAYAMAHAL BENGALURU 560046 …PETITIONER (BY SMT. VEENA J KAMATH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU – 560001. 2. THE INSPECTOR GENERAL OF REGISTRATION (IGR) KANDAYA BHAVAN, 8TH FLOOR BENGALURU, KARNATAKA 560009. 3. SENIOR SUB-REGISTRAR, SUB-REGISTRAR OFFICE MALLESHWARAM NO.17, MARUTHI PALAZA 2ND FLOOR, 2ND MAIN ROAD VYALIKAVAL EXTENSION BENGALURU 560 003 …RESPONDENTS (BY SMT SARITHA KULKARNI, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT A WRIT OF MANDAMUS AGAINST THE R-2 AND 3 TO REGISTER THE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50809 WP No. 21771 of 2025 POSTHUMOUS WILL DATED: 05.08.2020 OF LATE SRI. ALBADY SUBRAYA KAMATH BY EITHER CONSIDERING THE PETITIONERS REPRESENTATIONS DATED: 28.05.2025 AT ANNEXURE-A AND / OR BY TAKING SUCH OTHER STEPS MANUALLY TO FACILITATE THE REGISTRATION OF THE POSTHUMOUS WILL IN THE OFFICE OF THE R- SUB-REGISTRAR AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: A. The Petitioner respectfully prays before this Hon'ble Court to grant a Writ of Mandamus against the Respondent No.2 and 3 to register the posthumous Will dated 05.08.2020 of Late Sri Albady Subraya Kamath by either considering the Petitioner's representations dated 28.05.2025 at Annexure A and/or by taking such other steps manually to facilitate the registration of the posthumous Will in the office of the Respondent No. 2 Sub- Registrar. B. The Petitioner also prays before this Hon'ble Court to grant any other relief in favour of the Petitioner, as may be deemed fit to be considered in view of the above circumstances. 2. The learned counsel for the Petitioner submits that the relief which had been sought for, for registration of a posthumous will, has already been carried out by the respondent, rendering the above petition - 3 - HC-KAR NC: 2025:KHC:50809 WP No. 21771 of 2025 infructuous. Placing his submission on record, the Writ Petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 79