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2018 Supreme(Kar) 1013

R.S.CHAUHAN, H.T.NARENDRA PRASAD
Assistant Commissioner Muzarai Department Podium Block Visweswaraiah Tower dr. Ambedkar Veedi Bengaluru 560 001. Represented By G. V. Sridhar – Appellant
Versus
C. R. Shamanna S/O Late Ramarao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. N. Shankarnarayana Bhat., Adv.
For the Respondents: Sri. Channe Gowda., Adv., SRI. N.K. Ramesh, Adv., SRI. H. Venkatesh Dodderi., AGA

JUDGMENT :

1. The appellant, Assistant Commissioner, Muzarai Department, (Department of Religious Endowment) (henceforth to be referred to as ‘the Department’, for short), Bengaluru, is aggrieved by an interim order dated 12.3.2018, passed by a learned Single Judge in Writ Petition Nos.23040/2013 & 23161163/2013, whereby upon an interim application filed by the respondents No. 1 and 2, the learned Single Judge has added a line in his previous order dated 13.4.2016, “to the effect ‘With these observations, the petitions stand disposed of’, sentence to the effect, ‘The order dated 18.05.2013 passed in Revn. Petn. No.11/201213 by the 2nd respondent (Annexure-A) stands quashed’ shall be read in the order.”

2. This case has a rather checkered history. But in order to understand the controversy involved in this case, it is imperative to comprehend the checkered history. It is as under:

One Mr. Chowbeeni Subba Rao was the owner of certain properties bearing Nos. 29, 30, and 33, located on the 3rd Main Road, Ward No.36, Chamarajpet, Bangalore. According to the appellant, since Mr. Subba Rao and his wife, Smt. Ramakka were issueless, Mr. Subba Rao executed a will on 04.11.1912 in favour of




































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