SRI PRAKASH KUMAR v. SRI N JAIKUMAR SINCE DEAD BY LRS SMT GEETHA JAIKUMAR
WP/15695/2024 · 2025-01-17
N S Sanjay Gowda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25888 (KAR) · dailylaw.ai ]
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[ 2025 DAILYLAW 25888 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1953 WP No. 15695 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 15695 OF 2024 (GM-CPC) BETWEEN:
1. SRI PRAKASH KUMAR AGED ABOUT 54 YEARS, S/O LATE B D NARASIMHAIAH R/T SUPERINTENDENT QUARTERS, NO 3RD SQUARE, AUSTIN TOWN BANGALORE 560047 …PETITIONER (BY SRI. K.J.JAGADEESHA., ADVOCATE)
AND:
1. SRI N JAIKUMAR SINCE DEAD BY LRS
SMT GEETHA JAIKUMAR AGED ABOUT 54 YEARS, W/O LATE N JAIKUMAR RESIDING AT NO 1-AM/105, 1ST G CROSS, 2ND MAIN ROAD, CHIKKABANASAWADI MAIN ROAD, OMBR LAYOUT, BANGALORE 560043. 2. SRI GAGAN KUMAR AGED ABOUT 32 YEARS, S/O LATE N JAIKUMAR RESIDING AT NO 1-AM/105, 1ST G CROSS, 2ND MAIN ROAD, CHIKKABANASAWADI MAIN ROAD, OMBR LAYOUT, BANGALORE 560043. 3. SRI DHANUSH KUMAR
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:1953 WP No. 15695 of 2024
AGED ABOUT 24 YEARS, S/O LATE N JAIKUMAR RESIDING AT NO 1-AM/105, 1ST G CROSS, 2ND MAIN ROAD, CHIKKABANASAWADI MAIN ROAD, OMBR LAYOUT, BANGALORE 560043. 4. SRI VIJAYKUMAR AGED ABOUT 66 YEARS, S/O LATE B D NARASIMHAIAH, NO 1, NORTH ROAD AUSTIN ROAD, 3RD SQUARE, BANGALORE 560047. 5. N LAKSHMIDEVI SINCE DEAD BY LRS,
SRI G RAJAGOPAL AGED ABOUT 64 YEARS, H/O N LAKSHMIDEVI NO 44, 2ND FLOOR, 3RD CROSS, LALBAGH ROAD, BENGALURU 560027
6. SMT R TEJASHWINI AGED ABOUT 28 YEARS, D/O N LAKSHMIDEVI NO 44, 2ND FLOOR, 3RD CROSS, LALBAGH ROAD, BENGALURU 560027
7. SMT R RANJITHA AGED ABOUT 26 YEARS, D/O N LAKSHMIDEVI NO 44, 3RD CROSS, 3RD LANE EVENTS GLOBAL PVT LTD, LALBAGH ROAD, BENGALURU 560027. LEELAVATHI SINCE DEAD BY LRS,
N RAMESH
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NC: 2025:KHC:1953 WP No. 15695 of 2024
8. SINCE DEAD
N VANI AGED ABOUT 48 YEARS, D/O LEELAVATHI RESIDING AT NO 41/15, MOUNT JOY EXTENSION 2ND MAIN, HANUMANTHA NAGARA, BANGALORE 560019
9. SMT N LAKSHMI AGED ABOUT 43 YEARS, D/O LATE LEELAVATHI RESIDING AT NO 41/15, MOUNT JOY EXTENSION 2ND MAIN, HANUMANTHA NAGARA, BANGALORE 560019. 10. SRI RAMADASMURTHY SINCE DEAD BY LRS,
SRI R SURESH AGED ABOUT 56 YEARS, S/O LATE N RAMADAS MURTHY NO 50/1, MARKAM ROAD, ASHOK NAGAR, MUSEUM ROAD, BANGALORE 560025
11. SRI RAMESH GOPINATH AGED ABOUT 51 YEARS, S/O LATE N RAMADAS MURTHY NO 498, 1ST CROSS, 8TH BLOCK KORAMANGALA BANGALORE 560095
12.
SRI R SATISH KUMAR AGED ABOUT 42 YEARS, S/O LATE N RAMADAS MURTHY NO 25/1, PULIYAR KOIL STREET ASHOK NAGAR, MUSEUM ROAD, BANGALORE 560025
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NC: 2025:KHC:1953 WP No. 15695 of 2024
13. SRI R DINESH KUMAR AGED ABOUT 45 YEARS, S/O LATE N RAMADAS MURTHY NO 25/1, PULIYAR KOIL STREET ASHOK NAGAR, MUSEUM ROAD, BANGALORE 560025
14. SRI LAKSHMANDAS MURTHY AGED ABOUT 74 YEARS, S/O LATE B D NARASIMHAIAH NO 160, MES COLONY KONENA AGRAHARA HAL POST, BANGALORE 560017. 15. SMT VEDAVATHI AGED ABOUT 52 YEARS, D/O LATE B D NARASIMHAIAH NO 125, 12TH CROSS GIRINAGAR, 3RD PHASE, BANGALORE 560085
16. K G PADMAVATHI SINCE DEAD BY LRS,
SMT GEETHA AGED ABOUT 58 YEARS, D/O LATE K G PADMAVATHI W/O LATE G V KUMAR BHEEMAPPA BADAVANE, 2ND CROSS, KEELUKOTE, KOLAR 563101
17. SMT K G INDIRA AGED ABOUT 48 YEARS, D/O LATE K G PADMAVATHI, W/O N VENKATESH NO 362/2 3RD CROSS, MANJUNATHA BUILDING, SWAMY VIVEKANDA NAGAR OPP TO TOWER, HOSKOTE TOWN 562114. 18. SMT C JAYANTHI
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NC: 2025:KHC:1953 WP No. 15695 of 2024
AGED ABOUT 50 YEARS, D/O LATE K G PADMAVATHI W/O LATE L CHANDRASHEKAR NO 16/A 1ST MAIN, 3RD CROSS, KARIYANAPALYA, BANGALORE 560084
19. SRI JAI PRAKASH AGED ABOUT 44 YEARS, S/O LATE K G PADMAVATHI WARD NO 14, SONNASHETTYHALLI, NEAR ADINARAYANASWAMY TEMPLE, CHINTHAMANI CHIKKABALLAPURA DISTRICT 563125
20. SMT K P PRABHAVATHI AGED ABOUT 71 YEARS D/O LATE B D NARASIMHAIAH NO 423, GULPET, KOLAR 563101
21 RAMESH BABU.G., S/O LATE P. GOPA;. AGED ABOUT 53 YEARS, R/AT RTT HOUSE, No.19/2, CAMPBELL ROAD, BANGALOR SOUTH, BENGALURU-560 047. …RESPONDENTS (BY SRI. MUNISWAMY GOWDA S G., ADVOCATE FOR R-1 TO R-15;
SMT. LEELA RANI.H.P., ADVOCATE FOR R-16 TO R-20; SRI.
V.SURESH., ADVOCATE FOR R-1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASHING THE IMPUGNED ORDER DATED 29-02-2022 HOLDING THE AUCTION SALE IN RESPECT OF THE SUIT ITEM NO 1 PROPERTY AS BAD IN LAW BY THE COURT OF LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE MAYOHALL AT BENGALURU (C.C.H.-58) IN F.D.P.25017/2021/2020 VIDE ANNEXURE-H, ETC. - 6 -
NC: 2025:KHC:1953 WP No. 15695 of 2024
THIS PETITION, COMING ON FOR FURTHER
CONSIDERATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER
1. This petition is filed challenging the issuance of Sale Certificate in respect of a property that was sold through a Court auction.
2. The learned counsel for both the parties, in the presence of their respective parties, submit that the matter has been settled between the parties and the petitioner is handing over the possession of the suit item No.1 purchased by the contesting respondent on receipt of Rs.10,00,000/- (Rupees Ten lakhs) by way of demand draft bearing No.583239.
3. The keys of the property are also handed over to the purchaser and the purchaser in turn hands over the demand draft for Rs.10,00,000/- (Rupees Ten lakhs) to the petitioner.
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NC: 2025:KHC:1953 WP No. 15695 of 2024
4. In view of the above, the writ petition would not survive consideration.
5. Since it is not in dispute that the Sale Certificate issued by the Court has been registered, it is obvious that the Registry would also have to hand over the original documents pertaining to suit item No.1, which has been purchased by the proposed respondent.
6. The Trial Court is directed to disburse the sale
consideration in terms of the decree.
7. The writ petition is accordingly dismissed.
Sd/- (N S SANJAY GOWDA) JUDGE
RK List No.: 1 Sl No.: 42