THOMAS FERNANDIS Vs. DISTRICT COMMISIONER

JUDGEMENT

(1.) These writ petitions are directed against the order dtd. 15/5/2015 passed by the Deputy Commissioner, Mangaluru in No.C.DS.R AP.117/13-14.

(2.) For the sake of convenience, the parties and annexures are referred to as per the status in WP No.29686/2015.

(3.) The case of the petitioner is that one late Joseph Dias was the owner of 3 acres 55 cents of land in Survey No.54/1 of Kokradi village, Belthangady Taluk. He executed a registered will dtd. 18/10/2007 bequeathing the property in favour of the petitioner and died on 18/5/2009. The petitioner applied for mutating his name in the revenue records pertaining to the property. However, in the meanwhile, the property was mutated in the name of respondent no.3 who also claimed ownership on the strength of another will executed by late Joseph Dias. Immediately, respondent no.3 sold the property in favour of respondent no.2. Thereafter, on 25/3/2011, the petitioner got necessary orders from the jurisdictional court, probating the will made in his favour. On the strength of the same, he challenged the mutation entry made in favour of respondent no.3 and respondent no.4/Assistant Commissioner set aside the said order and directed the Tahsildar to consider the claim made by the petitioner. Aggrieved by the same, respondent no.2 who had by then purchased the property filed a revision before respondent no.1/Deputy Commissioner, who has set aside the order passed by respondent no.4 and has directed the parties to settle their dispute before the Civil Court. Aggrieved by the order passed by the Deputy Commissioner dtd. 15/5/2015 in No.C.DS.R AP.117/13- 14 (vide Annexure-K to the writ petition), the present writ petitions are filed. It is further submitted that the probate ordered in favour of the petitioner has not reached finality and the same is challenged by way of CRP No.407/2018, which is pending consideration.