N. V. ANJARIA, KRISHNA S. DIXIT
Althaf Ahamed, S/o Late Mohammed Aswak – Appellant
Versus
State of Karnataka, By its Secretary, Revenue Department, Bangalore – Respondent
JUDGMENT :
Heard learned advocate Mr. Jagadeeshachari for the appellant.
2. The appellant herein is the original petitioner who has preferred this writ appeal under Section 4 of the Karnataka High Court Act, 1961. The challenge in the appeal is addressed to the order dated 22.05.2023 passed by learned Single Judge dismissing the writ petition.
2.1 What was prayed in the writ petition was to set aside the orders dated 01.07.2021 and 18.07.2022 passed by the respondents concerned. It was next prayed to direct respondent No.2 – Tahsildar, Shikaripura Taluk, to make KHATHA as per the registered Will dated 30.12.2019 in favour of the petitioner.
3. The case of the petitioner in his writ petition was, INTER ALIA, that the property bearing Survey No.2 admeasuring 5 acres 24 guntas situated at Udugani Village, Shikaripura Taluk, Shivamogga District, belonged to him and that he was the absolute owner of the property. The petitioner has two sisters – respondent Nos.5 and 6, it was stated. It was the case that respondent Nos.5 and 6 had obtained a gift deed from the mother and that the gift deed was executed by fraud and misrepresentation.
3.1 It was the case of the petitioner that the mother of t
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