Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48957 WP NO.853 OF 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.853 OF 2023 (GM-RES) BETWEEN:
1.
SMT. LEELAVATHI W/O LATE N. RAMESH, AGED ABOUT 48 YEARS.
2.
SURYA R.
S/O LATE RAMESH N.
AGED ABOUT 25 YEARS.
3.
KIRAN R.
D/O LATE RAMESH N.
AGED ABOUT 18 YEARS.
ALL ARE RESIDING AT:
NO.16/2, NEW NO.45, GROUND FLOOR, 13TH MAIN, 17TH CROSS, MALLESHWARAM BENGALURU - 560 055. …PETITIONERS (BY SRI. R. SHASHIDHARA, ADVOCATE) AND:
1.
THE ASSISTANT COMMISSIONER BENGALURU NORTH TALUK, KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009.
2.
THE TAHSILDAR BENGALURU NORTH TALUK, KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009.
Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:48957 WP NO.853 OF 2023
3.
SUB-INSPECTOR OF POLICE MALLESWARAM POLICE STATION, MALLESWARAM, BENGALURU - 560 003. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 18TH MARCH, 2021 PASSED BY THE RESPONDENT NO.1 IN CASE NO.MSC/CR/81/2020-21 VIDE ANNEXURE-A; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER
In this writ petition, the petitioners are challenging the
order dated 18th March, 2021 (Annexure-A) passed by the respondent No.1 in Case No.MSC/CR/81/2020-21.
2. Heard Sri. R. Shashidhara,
learned counsel appearing for petitioners and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents.
3. Sri. R. Shashidhara, learned counsel appearing for petitioners submit that, the petitioner by name Smt. Akkajamma in the impugned proceedings in Case No.MSC/CR/81/2021-22 died on 19th August, 2021 and therefore, the petitioners herein have sought for quashing the
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HC-KAR NC: 2025:KHC:48957 WP NO.853 OF 2023
impugned order dated 18th March, 2021 (Annexure-A) in the present petition.
4. Having taken note of the submission made by
learned counsel appearing for petitioners, it is not in dispute that the schedule property belongs to one B. Narasaiah, father- in-law of the petitioner No.1 herein. It is forthcoming from the writ papers that, after the demise of said B. Narasaiah, his wife Akkajamma executed Gift Deed dated 10th March, 2017 in favour of her second son by name N. Ramesh, who is the husband of the petitioner No.1 and father of petitioners 2 and 3 herein. In view of the fact that the learned counsel appearing for petitioners submit that, Original Suit No.378 of 2021 is pending consideration before the competent Civil Court with regard to devolution of property of the original propositus late B. Narasaiah, I am of the view that, no interference be called for in this petition in respect of the division of property of late B. Narasaiah. However, in view of the death of Akkajamma, mother-in-law of the petitioner No.1, I am of the considered opinion that the observation made by the respondent No.1 in the impugned order dated 18th March, 2021 (Annexure-A) shall not be influenced by the Trial Court in the pending suit in
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HC-KAR NC: 2025:KHC:48957 WP NO.853 OF 2023
respect of the schedule property. With this observation, writ petition is disposed of.
In view of the disposal of writ petition, pending application stands disposed of.
SD/- (E.S. INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 12