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2025 DAILYLAW 55394 (KAR)

C M LAXMICHAND v. SRI DHANRAJ JAIN

WP/28367/2023 · 2025-07-14

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25899 WP No. 28367 of 2023 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.28367 OF 2023 (GM-CPC) BETWEEN: 1. C.M.LAXMICHAND S/O.LATE MOHANLAL SINCE DECEASED REP. BY HIS LEGAL HEIRS PETITIONER NOS.1 TO 7 HEREIN SMT.SUKIYA DEVI W/O.LATE C.M.LAXMICHAND SINCE DECEASED REP. BY HER LEGAL HEIRS PETITIONER NOS.1 TO 7 HEREIN SRI L.MAHENDRA KUMAR S/O.LATE C.M.LAXMICHAND AGED ABOUT 47 YEARS R/AT M.G.ROAD CHIKMAGALUR-577 101 2. KUM.MAMATHA D/O.LATE C.M.LAXMICHAND AGED ABOUT 40 YEARS R/AT VIJAYALAKSHMI JEWELLERS M.G.ROAD CHIKMAGALUR-577 101 3. SMT.PAWAN BAI D/O.LATE C.M.LAXMICHAND W/O.SRI JAYACHAND LAL JAIN AGED ABOUT 62 YEARS R/AT VISHWAS FINANCES OPPOSITE TO URDU SCHOOL Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25899 WP No. 28367 of 2023 INDIRA GANDHI ROAD CHIKMAGALURU-577 101 4. SMT.VASANTHA BAI D/O.LATE C.M.LAXMICHAND W/O.MANIK CHANDJI DOSHI AGED ABOUT 58 YEARS R/AT NO.15, 'MATHRU KRUPA' OPPOSITE VENKATESHWARA TEMPLE 3RD MAIN, 1ST CROSS, SRIPURAM SHESHADRIPURAM BENGALURU-560 020 5. SMT.LALITHA BAI D/O.LATE C.M.LAXMICHAND W/O.RAMESH KUMAR M.JAIN AGED ABOUT 52 YEARS R/AT NO.30/3, 2ND CROSS SRIRAMPURAM BENGALURU-560 021 6. SMT.KAVITHA BAI D/O.LATE C.M.LAXMICHAND W/O.SRI NITESH M.DHARIWAL AGED ABOUT 50 YEARS R/AT NO.12/10 FLAT NO.R-4, 2ND FLOOR TULSI PARADISE APARTMENT 1ST CROSS ROAD, TULSITHOTA BENGALURU-560 053 7. SMT.SAVITHA BAI D/O.LATE C.M.LAXMICHAND W/O.SRI PRAKASHJI KOTHARI AGED ABOUT 45 YEARS R/AT OLD NO.880, NEW NO.4062 P.S.ENTERPRISES 'SAMRUDDHI', 2ND MAIN SBM COLONY, 1ST STAGE BANASHANKARI BENGALURU-560 050 - 3 - HC-KAR NC: 2025:KHC:25899 WP No. 28367 of 2023 8. SMT SUVVA BAI SINCE DECEASED REP. BY HER LEGAL HEIRS DEFENDANT NOS.1 AND 3 SMT.BHAWARI BAI D/O.LATE MOHANLAL W/O.SRI TARACHAND AGED ABOUT 70 YEARS R/AT C/O.SHA MANIKCHAND TARACHAND M.G.ROAD TARIKERE-577 228 CHIKMAGALURU DISTRICT …PETITIONERS (BY SRI YATHISH J.NADIGA, ADVOCATE) AND: 1. SRI DHANRAJ JAIN S/O.LATE AMRUTRAJ AGED ABOUT 70 YEARS AGRICULTURIST R/AT 'DHARMAJYOTHI' CANARA BANK ROAD CHIKMAGALURU-577 101 S 2. SRI SOHAN RAJ S/O.LATE AMRUTRAJ SINCE DECEASED REP. BY HIS LEGAL HEIRS SMT.RASAL KAWAR W/O.LATE SOHAN RAJ AGED ABOUT 81 YEARS C/O.KAMAL KISHORE PLASTIC NEHRU ROAD CHIKMAGALURU-577 101 GAJENDRA KUMAR S/O.LATE SOHAN RAJ SINCE DECEASED REP. - 4 - HC-KAR NC: 2025:KHC:25899 WP No. 28367 of 2023 3. BY HIS LEGAL HEIRS RESPONDENT NOS.3 TO 6 SMT.VASANTHA KUMARI W/O.LATE GAJENDRA KUMAR JAIN AGED ABOUT 57 YEARS C/O.KAMAL KISHORE PLASTIC NEHRU ROAD CHIKMAGALURU-577 101 4. SMT.DIMPLE JAIN D/O.LATE GAJENDRA KUMAR JAIN AGED ABOUT 36 YEARS C/O.KAMAL KISHORE PLASTIC NEHRU ROAD CHIKMAGALURU-577 101 5. SRI MANISH JAIN S/O.LATE GAJENDRA KUMAR JAIN AGED ABOUT 35 YEARS C/O.KAMAL KISHORE PLASTIC NEHRU ROAD CHIKMAGALURU-577 101 6. SRI.MITESH JAIN S/O.LATE GAJENDRA KUMAR JAIN AGED ABOUT 28 YEARS C/O.KAMAL KISHORE PLASTIC NEHRU ROAD CHIKMAGALURU-577 101 7. SMT.KAMAL KUMAR S/O.LATE SOHAN RAJ AGED ABOUT 53 YEARS C/O.KINDER'S JOY M.G.ROAD CHIKMAGALURU-577 101 8. SMT.GUNAVATHI GADIYA D/O.LATE SOHAN RAJ AGED ABOUT 55 YEARS C/O.VIMAL DEEP - 5 - HC-KAR NC: 2025:KHC:25899 WP No. 28367 of 2023 M.G.ROAD CHIKMGALURU - 577 101 9. SMT.SANTHOSH KOTHARI D/O.LATE SOHAN RAJ AGED BAOUT 48 YEARS C/O.ASHOKA HARDWARE #22, D.DEVARAJ URS ROAD MYSURU-570 001 10. SRI SHIVARUDREGOWDA S/O.LATE HALAGEGOWDA AGED ABOUT 62 YEARS R/AT SAMSHETTYHALLI VILLAGE KASABA HOBLI BELUR TALUK HASSAN DISTRICT 11. SMT.SATHYAMMA W/O.LATE HALAGEGOWDA AGED ABOUT 77 YEARS R/AT SAMSHETTYHALLI VILLAGE KASABA HOBLI BELUR TALUK-573 115 HASSAN DISTRICT 12. SRI GANGEGOWDA S/O.LATE HALAGEGOWDA AGED ABOUT 59 YEARS R/AT SAMSHETTYHALLI VILLAGE KASABA HOBLI BELUR TALUK-573 115 HASSAN DISTRICT 13. SRI CHANDREGOWDA S/O.LATE HALAGEGOWDA AGED ABOUT 60 YEARS R/AT SAMSHETTYHALLI VILLAGE KASABA HOBLI BELUR TALUK-573 115 HASSAN DISTRICT - 6 - HC-KAR NC: 2025:KHC:25899 WP No. 28367 of 2023 14. SMT.JAYAMMA S/O.LATE BASAVALINGEGOWDA AGED ABOUT 50 YEARS R/AT SAMSHETTYHALLI VILLAGE KASABA HOBLI BELUR TALUK-573 115 HASSAN DISTRICT 15. SRI VEEREGOWDA SINCE DECEASED REP. BY HIS LEGAL HEIR RESPONDENT NO.15 HEREIN SRI BASAVEGOWDA S/O.LATE VEEREGOWDA AGED ABOUT 42 YEARS R/AT SAMSHETTYHALLI VILLAGE KASABA HOBLI BELUR TALUK-573 115 HASSAN DISTRICT ] 16. CHAGANMAL C.MARLECHA SINCE DECEASED REP. BY HIS LEGAL HEIRS RESPONDENT NOS.16 TO 19 SMT.VADAN DEVI W/O.LATE CHAGANMAL AGED ABOUT 89 YEARS R/AT P.SANGHVI CLOTH CENTRE JAIN MANDIR RAOD BANDRA (WEST) MUMBAI-400 050 17. SRI SUKANRAJ S/O.LATE CHAGANMAL AGED ABOUT 64 YEARS R/AT P.SANGHVI CLOTH CENTRE JAIN MANDIR ROAD BANDRA (WEST), MUMBAI-400 050 - 7 - HC-KAR NC: 2025:KHC:25899 WP No. 28367 of 2023 18. DR.PRAKASH CHAND S/O.LATE CHAGANMAL AGED ABOUT 56 YEARS R/AT P.SANGHVI CLOTH CENTRE JAIN MANDIR ROAD BANDRA (WEST) MUMBAI-400 050 19. SRI KIRANRAJ S/O.LATE CHAGANMAL AGED ABOUT 53 YEARS R/AT P SANGHVI CLOTH CENTRE JAIN MANDIR ROAD BANDRA (WEST) MUMBAI-400 050 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.10.2021 PASSED ON IA.NO.18 VIDE ANNEXURE-A AND ORDER DATED 26.09.2023 PASED ON IA.NO.29 VIDE ANNEXURE-B IN R.A.NO.191/2012 BY 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE AT HASSAN. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for petitioners submits that the petition is rendered infructuous, as the appeal itself is disposed by an order dated 20.12.2024. - 8 - HC-KAR NC: 2025:KHC:25899 WP No. 28367 of 2023 2. In view of the submission, the petition is disposed as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE LB List No.: 1 Sl No.: 150