LINGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who claims to be the beneficiary of the Will said to have been executed by one Smt. Shivalingawwa, is before this Court seeking for the following reliefs:

(2.) Heard the learned counsel appearing for the petitioner and the learned AGA appearing for respondent Nos.1 to 3 & 9.

(3.) Facts leading to filing of this writ petition, narrated briefly are, Smt. Shivalingawwa, who was a joint owner of the land bearing Sy. No.1331/1, measuring 6 acres 37 guntas and Sy.No.136/A, measuring 21 guntas situated at Ugarkod Village had filed O.S. No.52/2011 seeking partition and separate possession of the said lands and the said suit was decreed on 7/4/2012 allotting 1/5th share in the aforesaid lands to the aforesaid Smt. Shivalingawwa. During the life time of Smt. Shivalingawwa, she allegedly executed a registered Will dtd. 9/8/2012 in favour of the petitioner in respect of her 1/5th share in the aforesaid lands bearing Sy.Nos.133/1 & 136/A. On the basis of the said Will, after the death of Smt. Shivalingawwa, the petitioner had got entered his name in the revenue records of the lands, which were the subject matter of the registered Will. The same was questioned by respondent Nos.4 to 8, who are the children of Smt. Shivalingawwa by filing an appeal before the Assistant Commissioner under Sec. 136(2) of the Karnataka Land Revenue Act, 1964. The said appeal was allowed and the mutation entries made in the name of the petitioner on the basis of the registered Will were set aside. Being aggrieved by the order of the Assistant Commissioner, dtd. 7/7/2017, the petitioner had preferred a revision petition before the Deputy Commissioner under Sec. 136(3) of the Act of 1964, which was dismissed by the Deputy Commissioner, vide the order impugned, dtd. 6/6/2023. Assailing the same, the petitioner is before this Court.