RAGHAVENDRA Vs. SHAMSUNDAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, learned counsel appearing for respondent No.1 and learned Additional Government Advocate appearing for respondent Nos.3 and 4.

(2.) Though the matter is listed for orders, with the consent of learned counsel appearing on both side, the same is taken up for final disposal.

(3.) Brief facts of the case as revealed from the records are that undisputedly late Smt.Shantamma, who is the mother of petitioner No.2 and respondent Nos.1 and 2 was the owner of the land in question bearing Survey No.899/1 measuring 5 acres situated at Bolamanadoddi road, Raichur district. It is the case of the petitioners that during her lifetime, Smt.Shantamma had executed registered Will deed dtd. 24/8/1998 and thereafterwards unregistered Will deed dtd. 28/11/1993 bequeathing the land in question in favour of petitioner No.1, who is her grandson. On the basis of the said document, the revenue records of the land in question were mutated in the name of petitioner No.1 in the year 2010. Being aggrieved by the same, respondent Nos.1 and 2 herein had filed an appeal before the Assistant Commissioner under Sec. 136(2) of the Karnataka Land Revenue Act, 1964 and the Assistant Commissioner vide his order dtd. 5/6/2014 as per Annexure-F allowed the appeal and the said order was modified and confirmed by the Deputy Commissioner in the revision filed by the petitioners herein. Being aggrieved by the same, the petitioners are before this Court.