Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29019 WP No. 14828 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14828 OF 2022 (GM-RES)
BETWEEN:
SRI J E VEERESHAPPA S/O G ESHWARAPPA AGED ABOUT 46 YEARS MAIN ROAD, GAMA VILLAGE ANJANAPURA HOBLI SHIKARIPURA TALUK SHIMOGGA DISTRICT-577214. …PETITIONER (BY SRI. S B TOTAD., ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER SHIMOGA, SHIMOGA DISTRICT-577201.
2.
THE ASSISTANT COMMISSIONER SAGAR SUB DIVISION SAGAR, SHIMOGA DISTRICT-577201.
3.
SMT VEERAMMA W/O LATE T RAMESHWARAPPA AGED ABOUT 75 YEARS RESIDING AT MAIN ROAD, GAMA VILLAGE ANJANAPURA HOBLI, SHIKARIPURA TALUK SHIMOGA DISTRICT-577214. …RESPONDENTS (BY SRI.SRINIVAS KUMAR, HCGP FOR R1 & R2:
SRI. SRIKANTH PATIL, ADVOCATE FOR R3)
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:29019 WP No. 14828 of 2022
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER PASSED BY THE R1 IN MAG-1/HE.NAA.06/2022-23 DTD 23.06.2022 CANCELLING THE REVENUE ENTRIES IN THE NAME OF THE PETITIONER AND TO ENTER THE NAME OF THE R3 AND DECLARING THE WILL DTD 12.05.2016 AS NULL AND VOID AT ANNEXURE-G 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 M.G.S. KAMAL
ORAL ORDER Petitioner being the beneficiary under Will dated 12.05.2016 executed by one T Rameshwarappa, son of Theerthappa bequeathing properties mentioned therein is before this Court being aggrieved by the order dated 23.06.2022 passed by respondent No.1 at the instance of respondent No.3 herein, in terms of which, respondent No.1 has directed cancellation of the revenue entries made in the name of petitioner herein based on the said Will.
2. It is submitted that T.Rameshwarappa, testator of the Will passed away on 12.12.2019. After his demise, his wife- respondent No.3 herein had sought intervention of respondents
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HC-KAR NC: 2026:KHC:29019 WP No. 14828 of 2022
1 and 2 under the provisions of Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (for short `Act, 2007').
3. The Assistant Commissioner had dismissed the said proceedings by admonishing the petitioner herein and directing him to take care of respondent No.3. However upon the appeal, respondent No.1- Deputy Commissioner accepting the case of respondent No.3 proceeded to pass the impugned order.
4. Now it is submitted that respondent No.3 also has passed away.
5. Under the aforesaid fact situation of matter since only mutation entries have been cancelled by the respondent No.1, the present petition is filed questioning the jurisdiction of respondent No.1.
6. Heard and perused the records.
7. There is no dispute of the fact that properties subject matter of this petition were bequeathed by T. Rameshwarappa, son of Theerthappa in favour of the petitioner in terms of registered Will dated 12.05.2016. Upon his demise, his wife,
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HC-KAR NC: 2026:KHC:29019 WP No. 14828 of 2022
respondent No.3, has sought relief under the provisions of the Act, 2007. Though Assistant Commissioner had declined the relief, the Deputy Commissioner has however merely cancelled the revenue entries that were made in the name of the petitioner based on the Will. Will has remained intact.
8. In view of demise of respondent No.3, no purpose would be served by mere cancellation of revenue entries. Therefore, restoring the name of the petitioner to the revenue records as existed prior to the impugned order, petition is
disposed of.
9. It is made clear that no opinion is expressed or any
order is passed with regard to validity or otherwise of the Will executed by T.Rameshwarappa in favour of the petitioner.
SD/- (M.G.S. KAMAL) JUDGE
SBN LIST NO.: 1 SL NO.: 47