IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 8205 OF 2024 (GM-CPC)

BETWEEN:

SMT. MEERA M.R W/O H S VIJAYA KUMAR AGED ABOUT 69 YEARS NO.1 4TH A MAIN ROAD HEBBAL, BENGALURU - 560 024.

…PETITIONER (BY SRI KRISHNA MURTHY T.R, ADV.)

AND:

SRI GANGADHARA S/O LATE DODDA KEMPAIAH @ DODDA KEMPANNA R/O NAGADASANAHALLI VILLAGE YELAHANKA HOBLI/TALUK Digitally signed by NANDINI M SINGANYAKANAHALLI POST S BENGALURU - 560 064.

Location: HIG H COURT OF …RESPONDENT KARNATAKA (BY SRI MAHESH S.B, ADV., SRI VARADARAJ P.N, ADV.)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INIDA PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED ON IA NO. 2 DATED 11.12.23 AND IA NO. 4 DATED 2.2.24 IN P AND SC NO. 24/2021 (ANNX-A AND A1 PAGE NO.20 TO 30) AND THEREBY DISMISS THE APPLICATION IN IA NO. 2 FILED BY THE RESPONDENT BEFORE THE HONBLE LXII ADDITIONAL CITY CIVIL AND SESSION JUDGE (CCH-63), AT BENGALURU.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. This writ petition under Article 227 of the Constitution of India is filed with a prayer to set-aside the order dated 11.12.2023 passed on IA No.2 and order dated 02.02.2024 passed on IA No.4 in P & SC No.24/2021 by the Court of LXII Addl. City Civil and Sessions Judge, Bengaluru.

2. Heard the learned counsel for the parties.

3. Petitioner herein had filed P & SC No.24/2021 before the jurisdictional Civil Court at Benglauru with a prayer to grant Letter of Administration in respect of the Will executed by the Testator (Smt. Jayamma) on 19.02.2007. In the said proceedings, paper publication was issued and since no objectors had come forward, the Trial Court had proceeded to record the evidence on behalf of the petitioner. On behalf of the petitioner, she had examined herself as PW1 and another witness was examined as PW2. 14 documents were got marked on behalf of the petitioner as Exs.P1 to P14 and thereafter arguments were heard by the Trial Court and the matter was posted for orders. At that stage, IA No.2 was filed by the respondent herein under Order I Rule 10 read with Section 151 of CPC to implead him as party respondent in P & SC No.24/2021. The application was opposed by the petitioner by filing statement of objections. The Trial Court vide the impugned order has allowed the said application on 11.12.2023. Subsequently, IA No.4 was filed by the petitioner under Section 152 of CPC with a prayer to make certain corrections in the order dated 11.12.2023. The said application was allowed on 02.02.2024. Assailing the aforesaid two orders, petitioner is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that respondent claims to be tenant in respect of the property which is the subject matter of the Will executed in favour of the petitioner. Respondent has no right of inheritance over the said property. Therefore, the Trial Court was not justified in allowing the application.

5. Per contra, learned counsel for the respondent has argued in support of the order impugned and submits that his claim before the jurisdictional Land Tribunal for grant of occupancy rights of the land in dispute under the provisions of the Karnataka Land Reforms Act, 1961, is pending consideration. In the event, the prayer made in P & SC No.24/2021 is allowed, petitioner may alienate the property.

6. Petitioner herein, who claims to be the daughter-in-

law of deceased Smt. Jayamma has contended in her petition in P & SC No.24/2021 that item No.1 of the petition schedule property belonged to her father-in-law late Sri. H. G. Shammanna and after his death, the said property bearing Sy.No.13/2 measuring 1 acre 28 guntas was transferred to the name of her mother-in-law and the revenue entries in respect of the said lands were also transferred in her name. Item No.2 of the p