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2025 DAILYLAW 83373 (KAR)

SMT. KARIYAMMA v. GOVT. OF KARNATAKA

WP/24025/2025 · 2025-08-28

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33334 WP No. 24025 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.24025 OF 2025 (KLR-RES) BETWEEN: SMT. KARIYAMMA W/O LATE THIMMAIAH AGED ABOUT 75 YEARS, RESIDING AT SEEGEPALYA VILLAGE, IPPADI POST, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572126 …PETITIONER (BY SRI. RAVIKUMARA B R, ADVOCATE) AND: 1. GOVT. OF KARNATAKA REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE VIDHANASOUDHA BENGALURU – 560 001. 2. THE TAHSILDAR KUNIGAL TALUK, TUMAKURU DISTRICT – 572 130. 3. THE ASSISTANT COMMISSIONER KUNIGAL TALUK, TUMAKURU DISTRICT TUMAKURU – 572 130 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33334 WP No. 24025 of 2025 THIS WRIT PETITION IS FILED UNDER ARTILCES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF MANDAMUS, DIRECTING RESPONDENT NOS.2 AND 3 TO EFFECT THE KATHA/RTC UPDATE IN RESPECT OF SY NO.31/2 MEASURING 10 GUNTAS AND SY NO.31/57 MEASURING 5 1/2 GUNTAS, SITUATED AT IPPADI VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, BY CONSIDERING THE REPRESENTATION DATED 12.06.2025 AND 20.06.2025 (ANNEXURES A AND B); b) PASS SUCH OTHER ORDERS AS THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE, INCLUDING COSTS. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned AGA takes notice for all the respondents. The grievance of the petitioner is that the respondent No.2 - Tahsildar, Kunigal Taluk has not considered the representation given by the petitioner to enter her name in the revenue records pursuant to a Will left behind by Sri.Mudagiraiah and the judgment and decree passed in O.S.No.82/2021 dated 12.02.2025 at the hands of the learned Additional Civil Judge and JMFC, Kunigal. - 3 - HC-KAR NC: 2025:KHC:33334 WP No. 24025 of 2025 2. Learned counsel for the petitioner submits that one Sri.Mudagiraiah, who was the owner of the properties in question had executed a Will dated 16.02.2010 in favour of the petitioner's husband late Sri.Thimmaiah, who is none other than brother of Sri.Mudagiraiah, bequeathing the properties in question in favour of Sri.Thimmaiah. Sri.Mudagiriaiah died on 10.09.2017. However, since the widow of Sri.Mudagiraiah, Smt.Hulluramma sought to interfere in the lands in question, the petitioner filed O.S.No.82/2021 seeking declaration and permanent injunction to restrain Smt.Hulluramma from interfering with the peaceful possession of the suit schedule property at the hands of the plaintiff/petitioner herein. A judgment and decree has been passed by the trial Court on 12.02.2025 declaring that the petitioner is the absolute owner of the suit schedule property under registered Will dated 16.02.2010 and the defendant was permanently restrained from causing any obstruction to the plaintiff's peaceful possession and enjoyment of the suit schedule - 4 - HC-KAR NC: 2025:KHC:33334 WP No. 24025 of 2025 property. Despite giving representations to the Tahsildar to enter the name of the petitioner in the revenue records, no action has been taken by the Tahsildar. 3. The writ petition stands disposed of with a specific direction to the respondent No.2 - Tahsildar, Kunigal Taluk to consider the representations given by the petitioner, verify the judgment and decree passed by the competent Civil Court in O.S.No.82/2021 and proceed to enter the name of the petitioner in the revenue records in terms of the judgment and decree passed by the Civil Court in accordance with Law. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of copy of this order. Sd/- (R DEVDAS) JUDGE MH/- List No.: 1 Sl No.: 47