IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

WRIT PETITION NO. 7780 OF 2024 (LB-RES)

BETWEEN:

1. SRI. P. V. MANJUNATH BABU

S/O LATE P V KRISHNAPPA

AGED ABOUT 51 YEARS

R/AT NO.217

YESHASHWINI PATEL NILAYA

BEHIND GOVERNMENT HOSPITAL

AMRUTHALLI

BENGALURU - 560 056

… PETITIONER

(BY SRI. SAMPATH A., ADVOCATE)

AND:

Digitally

signed by

1. THE COMMISSIONER

VIJAYA P

Location: CITY MUNICIPAL COUNCIL

HIGH COURT

CHENNAPATNA

OF

KARNATAKA RAMANAGARA DISTRICT

RAMANAGARA - 562 160

2. THE REVENUE INSPECTOR

CITY MUNICIPAL COUNCIL

CHENNAPATNA

RAMANAGARA DISTRICT

RAMANAGAR - 562 160

3. SRI SHIVANNA ALIS M SHIVAKUMAR AGED ABOUT 60 YEARS S/O LATE BEEREGOWDA @ CHIKKATHAMMAIAH

4. SMT THAYAMMA W/O SRI SHIVANNA @ M SHIVAKUMAR AGED ABOUT MAJOR BOTH RESPONDENT NO.3 AND 4 ARE R/AT NO.2240/21-A3 CHURCH ROAD, KODANDARAMA LAYOUT CHENNAPATNA TOWN RAMANAGARA DISTRICT - 562 160

5. SMT M ANANDA BEERAMMA AGED ABOUT 70 YEARS D/O MADDURAPPA W/O DOLLAIAH R/AT HALASINAMARADA DODDI KANAKANAGAR, CHENNAPATNA TOWN RAMANAGAR DISTRICT - 562 159 … RESPONDENTS (BY SRI. NAGENDRA T., ADVOCATE FOR R3 & R4;

SRI K. KRISHNASWAMY, ADVOCATE FOR R5;

SRI A.V. GANGADHARAPPA, ADVOCATE FOR R1;

SRI A. NAGARAJAPPA, ADVOCATE FOR R2)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a) SET ASIDE THE ORDER BEARING NO. NASACHA/KAMSHA/CR/121/2020-21 DATED 10/08/2020 AND 19/01/2021 PASSED BY THE R1 AT ANNEXURE-A IN FAVOUR OF R3 AND R4 AND ETC.

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

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

Petitioner has called in question the orders passed by respondent No. 1 at Annexures - A and B, whereby the authority concerned has directed the transfer of katha into the names respondents 3 and 5.

2. It is the case of the petitioner that application for change of katha on the basis of Will was made on 16.06.2020 as regards Annexure-A and on 16.06.2020 as regards Annexure-B. It is submitted that as on such date, O.S. No. 26/2020 was filed on 11.03.2020 by the mother of the petitioner and the Will relied on by the respondent - Authority, is pending adjudication insofar as the specific issue, namely Issue No. 3 framed by the Civil Court in O.S.No. 26/2020. Accordingly, it is submitted that the authorities ought not to have passed orders for effecting katha on the basis of Will when the said Will itself was disputed and pending adjudication in O.S. No. 26/2020.

3. Learned counsel for respondent no. 1 would contend that the proceedings of the respondent - Authority while directing effecting of katha on the basis of Will had clarified that such entry would be subject to the outcome of the civil suit.

4. It must be noticed that the katha earlier to the proceedings at Annexures-A and B stood in the name of Smt. Huchamma W/o.Maddurappa. The said fact is not in dispute. The fact that suit for partition was filed on 11.03.2020 is also a matter of record. In the said suit, the defendants have set up a Will and claimed rights under it. Issue number 3 has been framed by the Civil Court, which reads as follows:

"Whether the defendant No.2 proves that Huchamma has executed a Will dated 23.05.2002 in respect of suit C schedule property?"

5. When the Will was in dispute, there was no warrant for the revenue authorities in rushing to effect katha in terms of the Will without notice to the petitioner or the other parties in O.S.No. 26/2020.

6. In light of the above, the proceedings at Annexures-A and B are set aside. The entries pursuant to the orders at Annexures-A and B stand set aside. The katha would stand restored in the name of Smt. Huchamma W/o. Maddurappa and the same would be subject to the judgment and decree in O.S.No. 26/2020. Upon the judgment and decree in O.S.No. 26/2020, the parties are at liberty to move the Municipal Authorities for effecting katha in terms of the order passed in suit. All contentions of both parties are kept open.

7. Accordingl