LALITHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question the proceedings in C.C.No.785/2019 registered for offences punishable under Ss. 120B , 193 , 406 , 420 and 427 of the IPC.

(2.) Heard Sri.Prakash.T., learned counsel for petitioners Sri.K.S.Abhijith, learned High Court Government Pleader for respondent No.1 and Sri.M.N.Nehru, learned counsel for respondent No.2.

(3.) Brief facts leading to the filing of the petition, as borne out from the pleadings are as follows: The complainant is the grandson of Pandurangappa and Thippamma, the first wife of Pandurangappa. The petitioners are the children of late Pandurangappa through his second wife Ningamma. It transpires that in the year 1991 when Pandurangappa died, the mother of the petitioners had got the mutation entries in her name as being the legal heir of Pandurangappa. In the year 2014, a partition takes place in the family of the second wife of Pandurangappa i.e., Smt.Ningamma, upon which, the complainant herein wakes up and begins initiation of legal proceedings against the petitioners. Initially, the complainant approaches the Assistant Commissioner in R.A.No.203/2014-15 seeking cancellation of the mutation entries that were made pursuant to the aforesaid partition amongst the members of the family of second wife of Pandurangappa. The Assistant Commissioner rejects the said appeal on 15/12/2017. This is challenged by the complainant before the Deputy Commissioner in R.P.No.203/2017-18. This is also dismissed by the Deputy Commissioner by his order dtd. 18/11/2021 directing the parties to approach the Civil Court, as the entries would be subject to the result of the civil proceedings.