Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 54352 (KAR)

MASTER VIHAAN RAGHAV v. SMT. M B VANAMALA

WP/18962/2025 · 2025-07-14

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25868 WP No. 18962 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18962 OF 2025 (GM-CPC) BETWEEN: 1. MASTER VIHAAN RAGHAV AGED ABOUT 11 YEARS, S/O LATE RAGHAVA LAXMANA GOWDA, BEING MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT. SHARANYA.B.R., W/O LATE RAGHAVA LAXMANA GOWDA, 2. SMT.SHARANYA.B.R., AGED ABOUT 41 YEARS, W/O LATE RAGHAVA LAXMANA GOWDA [BOTH RESIDING AT NO. D-212, II FLOOR, JORDINE BLOCK, BRIGADE GARDENIA APARTMENT, R.B.I.LAYOUT, J.P.NAGAR, 7TH PHASE, BENGALURU - 560 078. …PETITIONERS (BY SRI. R.S. RAVI, SENIOR ADVOCATE FOR SRI. G. NAGARAJULU NAIDU, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25868 WP No. 18962 of 2025 AND: 1. SMT. M B VANAMALA AGED ABOUT 76 YEARS, W/O LATE D.L. LAXMANA GOWDA, R/A MADABUR, MADABUR POST, N.R.PURA TALUK, CHIKMAGALUR DISTRICT - 577 134. 2. MRS. SINDHU PRUTHVI DABBNAGADDE, AGED ABOUT 47 YEARS, W/O MR. PRUTHVI D.S., R/A B1 1402, WATERILY, VTC: GANDHINAGAR, PO: SHANTIGRAM DIST: GANDHINAGAR, GUJARAT - 382 501 3. M/S PAYPAL INDIA PVT., LTD., PAYPAL H.R. TEAM, RGA TECH PARK, BLOCK-1, 2ND FLOOR, AT 3/1, SARJAPURA MAIN ROAD, CARMELARAM, HDOSIDDAPURA, CHIKKAKANANNALLI, BANGALORE - 560 035. 4. M/S ICICI PRUDENTIAL LIFE INSURENCE COMPANY LTD., GROUP SERVICE DESK, RANI SATI MARG, MALAD, (E) MUMBAI - 400 097 REPRESENTD BY ITS MANAGER REGISTERED AS COMPANIES ACT, 1956 - 3 - HC-KAR NC: 2025:KHC:25868 WP No. 18962 of 2025 5. THE MANAGER, HDFC BANK, NO.13, KOTHNUR DINNE MAIN ROAD, W.G.S LAYOUT, J.P. NAGAR, 7TH PHASE, BANGALORE - 560 078. 6. THE MANAGER, LIC OF INDIA, BRANCH CODE-617 (1) LIC BUILDING, K.R. SAGAR ROAD, MYSORE -570 020. 7. THE MANAGER LIC OF INDIA, JEEVAN JYOTHI, GANDHINAGAR, KOPPA - 577 126 CHIKKAMAGALUR DISTRICT. REGISTERED AS COMPANIES ACT, 1956 8. THE REGIONAL TRANSPORT OFFICER, K.M. ROAD, CHIKKAMAGALUR - 577 101. REPRESENTED BY ITS MANAGER REGISTERED AS COMPANIES ACT, 1956 9. E TRADE SECURITIES LLC, HARBORSIDE - 2, 200 HUDSON STREET, SUITE 501, JERSEY CITY, NJ07311, USA. REPRESENTED BY ITS SECRETARY REGISTERED AS COMPANIES ACT, 1956. …RESPONDENTS (BY SRI. ARUNA SHYAM M., SENIOR ADV., FOR SRI. GNANESH H. KEMPANNA., ADV., FOR R1 AND R2) - 4 - HC-KAR NC: 2025:KHC:25868 WP No. 18962 of 2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (1) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 02.06.2025 PASSED BY THE LEARNED PRL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU IN MISC. NO.349/2025 IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. ANNEXURE A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayer: "(i) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the Order dated 02.06.2025 passed by the Learned Prl. City Civil & Sessions Judge, at Bengaluru in Misc.No.349/2025 in accordance with law in the interest of justice and equity. Annexure A. (ii) Pass such other order/orders as this Hon'ble Court may deem fit to grant on the facts and circumstances of the case in the interest of justice and equity." 2. Heard Sri. R.S. Ravi, learned Senior counsel along - 5 - HC-KAR NC: 2025:KHC:25868 WP No. 18962 of 2025 with Sri. G. Nagarajulu Naidu, learned counsel appearing for the petitioners, Sri. Aruna Shyam M., learned Senior counsel along with Sri. Gnanesh H. Kempanna, learned counsel appearing for respondent Nos.1 and 2 and have perused the material on record. 3. Learned Senior counsel appearing for the petitioners would submit that he has no objection for the transfer of O.S.No.8124/2024 to the same Court, which is hearing P and SC No.601/2023. His only submission is that the two should not be clubbed, as it would cause prejudice to the rights of the parties. 4. Learned counsel, Sri. Gnanesh H. Kempanna appearing for respondent Nos.1 and 2 submits that the evidence shall be considered together. 5. The said submission does not merit acceptance in the light of the submission of the learned Senior counsel appearing for the petitioners. 6. Therefore, I deem it appropriate to dispose the - 6 - HC-KAR NC: 2025:KHC:25868 WP No. 18962 of 2025 petition within an observation that both the matters will be heard by the same Court, but independently. 7. In the light of the frequent circumstance in which the parties are before the concerned Court as also the learned Senior counsel submission that the money for education of the children has been put to jeopardy due to the impending dispute between the parties, I deem it appropriate to infuse certain finality to the proceedings pending before the Court. 8. The concerned Court shall endeavour to conclude the proceedings i.e., whichever proceedings would be able to be concluded within the next six months. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 67