IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 6636 OF 2017 (LB-BMP)

BETWEEN:

SRI. SHASHIKANTH SON OF LATE JYOTHOJI RAO PAWAR, AGED ABOUT 61 YEARS, RESIDING AT NO.740, 1^ST FLOOR, 12^TH MAIN ROAD, 3^RD BLOCK, RAJAJINAGAR, BANGALORE-560 010.

…PETITIONER (BY SRI. SUJAYEENDRA S., ADVOCATE)

AND:

1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 009.

2. ASSISTANT REVENUE OFFICER CSE INDUSTRIAL TOWN, Digitally RAJAJINAGAR DIVISION, signed by SUMA BRUHAT BANGALORE MAHANAGARA PALIKE, Location: BANGALORE-560010.

HIGH COURT OF KARNATAKA 3. SRI. VINOD KUMAR SON OF SRI. PARASMAL GANNA, AGED ABOUT 35 YEARS, RESIDING AT NO.134/3, 47^TH CROSS, 17^TH MAIN, 3^RD BLOCK, RAJAJINAGAR, BANGALORE-560 010. 4. SMT. PUSHPA BAI WIFE OF LATE PARASMAL GANNA, AGED ABOUT 59 YEARS, RESIDING AT NO.134/3, 47^TH CROSS, 17^TH MAIN, 3^RD BLOCK, RAJAJINAGAR, BANGALORE-560 010.

5. VIJAY S/O SRI. SHASHIKANTH PAWAR, AGED ABOUT 39 YEARS, RESIDING AT NO.740, 12^TH MAIN, 3^RD BLOCK, RAJAJINAGAR, BANGALORE -560010.

AMENDED AS PER ORDER DATED 25.07.2014 …RESPONDENTS (BY SRI. BATHEGOWDA, ADVOCATE FOR RESPONDENT NOS.1 AND

2;

SRI. SRIHARI N.S., ADVOCATE FOR RESPONDENT NO.5;

NOTICE SERVED ON RESPONDENT NOS.3 AND 4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF ACCEPTANCE OF MUTATION AND ISSUANCE OF KATHA CERTIFICATE DATED 03.09.2016 BEARING REF.NO.BMP/REV/2016-17/KC/1077432, ISSUED IN THE NAME OF THE 3^RD RESPONDENT AS PER ANNEXURE-J AND KATHA CERTIFICATE DATED 03.09.2016 BEARING NO.BMP/REV/2016- 17/KC/1077428, ISSUED IN THE NAME OF THE 4^TH RESPONDENT AS PER ANNEXURE-K.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has sought for a writ in the nature of certiorari to quash the acceptance of mutation and registration of khata in the names of respondent Nos.3 and 4.

2. (i) Briefly stated, the facts of the case as pleaded in the writ petition are that one Mr. V. Jyothoji Rao Pawar was the owner of the property bearing No.740, 12^th Main, 3^rd Block, Rajajinagar, Bengaluru - 560 010, which comprised of ground and first floor. He had executed a Will dated 06.03.1997 and bequeathed the aforesaid property to his four sons and two daughters. He died on 03.07.2004. The daughter-in-law and granddaughters of said Mr. V. Jyothoji Rao Pawar filed O.S.No.2846/2003 before the I Additional City Civil and Sessions Judge, Bengaluru City (CCH-2) for partition and separate possession of their share in the aforesaid property. The said suit was decreed in part and it was declared that the daughter-in-law and granddaughters of Mr. V. Jyothoji Rao Pawar were together entitled to 1/6^th share in the suit property. The petitioner herein was one of the defendants in the said suit.

Following the said decree, FDP No.64/2015 was filed.

(ii) It is claimed that khata of the property stood in the name of Mr. V. Jyothoji Rao Pawar. It is claimed that respondent Nos.1 and 2 accepted the Will dated 06.03.1997 executed by Mr. V. Jyothoji Rao Pawar in favour of his four sons and two daughters and effected khata in the name of the beneficiaries.

(iii) Later, the plaintiffs in O.S.No.2846/2003 executed a sale deed dated 31.10.2014 in favour of respondent No.3. Similarly, son, granddaughter and grandson of Mr. V. Jyothoji Rao Pawar executed a sale deed dated 12.11.2009 in favour of respondent No.4. The respondent Nos.1 and 2 based on the sale deeds in favour of respondent Nos.3 and 4 registered the name of the respondent No.3 and 4 in the property register.

(iv) Being aggrieved by the khata made out in the name of respondent Nos.3 and 4, the petitioner is before this Court.

3. The learned counsel for the petitioner submits that when O.S.No.2846/2003 was decreed, the petitioner and other children of Mr. V. Jyothoji Rao Pawar were entitled