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High Court of Karnataka · body

2025 DAILYLAW 77239 (KAR)

MRS. POORNIMA v. MR. GURUPRASAD

CRP/323/2025 · 2025-11-10

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 323 OF 2025 (IO) C/W CIVIL REVISION PETITION NO. 314 OF 2025 (IO), CIVIL REVISION PETITION NO. 316 OF 2025 (IO), CIVIL REVISION PETITION NO. 320 OF 2025 (IO), CIVIL REVISION PETITION NO. 321 OF 2025 (IO), CIVIL REVISION PETITION NO. 322 OF 2025 (IO), CIVIL REVISION PETITION NO. 325 OF 2025 (IO), CIVIL REVISION PETITION NO. 326 OF 2025 (IO), CIVIL REVISION PETITION NO. 327 OF 2025 (IO), CIVIL REVISION PETITION NO. 328 OF 2025 (IO) IN CRP No. 323/2025 BETWEEN: MRS. POORNIMA D/O LATE SAROJINI KAMATHA AGED ABOUT 52 YEARS, RESIDING AT DOOR NO.8-17 (8-16A) SHREE VEERABHADRA TEMPLE PREMISES, KALASANKA, PRANTYA VILLAGE MOODABIDRI TALUK - 574 227. …PETITIONER (BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS AND: MR. GURUPRASAD S/O LATE S RAMESH ROA, AGED ABOUT 47 YEARS, RESIDING AT GANGA PRASAD HOUSE, SITE NO. 604, 3RD BLOCK KATIPALLA, MANGALORE - 575 030. …RESPONDENT (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) THIS CRP IS FILED UNDER SECTION 18 OF SMALL CAUSES COURT ACT R/W SEC.115 OF CPC, AGAINST THE ORDER DATED 30.01.2025 PASSED ON I.A.NO.1 IN SC.NO.67/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI.D.K, DISMISSING THE I.A.NO.1. FILED UNDER SECTION 16 OF KARNATAKA SMALL CAUSE COURT S ACT AND SEC.151 OF CPC. IN CRP NO. 314/2025 BETWEEN: MR. PADMANABHA SAMAGARA S/O LATE KRISHNA SAMAGARA, AGED ABOUT 67 YEARS, RESIDING AT DOOR NO. 8-11 AND 8-12, SHREE VEERABHADRA TEMPLE PREMISES, MAIN ROAD KALSANKA, PRANTHYA VILLAGE, MOODABIDRI - 574 227. ...PETITIONER (BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE) AND: MR. GURUPRASAD S/O LATE S RAMESH ROA, - 3 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS AGED ABOUT 47 YEARS, RESIDING AT GANGA PRASAD HOUSE, SITE NO. 604, 3RD BLOCK KATIPALLA, MANGALORE - 575 030. ...RESPONDENT (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) THIS CRP IS FILED UNDER SECTION 18 OF KARNATAKA SMALL CAUSES COURT ACT, AGAINST THE ORDER DATED 30.01.2025 PASSED ON IA.NO.1 IN SC. NO.65/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AT MOODABIDRI, DISMISSING THE I.A.NO.1 IN CRP NO. 316/2025 BETWEEN: MR. DIVAKARA S/O K BHOJA ACHARYA, AGED ABOUT 53 YEARS, RESIDING AT DOOR NO 8-16 (OLD NO 8-168), SHREE VEERABHADRA TEMPLE PREMISES, MAIN ROAD, KALSANKA, MOODABIDRI - 574 227. ...PETITIONER (BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE) AND: MR. GURUPRASAD S/O LATE S RAMESH ROA, AGED ABOUT 47 YEARS, RESIDING AT GANGA PRASAD HOUSE, SITE NO. 604, 3RD BLOCK KATIPALLA, MANGALORE - 575 030. ...RESPONDENT (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS THIS CRP IS FILED UNDER SECTION 18 OF KARNATAKA SMALL CAUSES COURT ACT, AGAINST THE ORDER DATED 30.01.2025 PASSED ON IA.NO.1 IN SC. NO.66/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AT MOODABIDRI, DISMISSING THE I.A.NO.1 FILED U/S. 16 OF KARNATAKA SMALL CAUSES COURT ACT AND SEC. 151 OF CPC. IN CRP NO. 320/2025 BETWEEN: MR GURUPRASAD PHANIKKAR S/O LATE K GOPAL PHANIKKAR, AGED ABOUT 55 YEARS, RESIDING AT DOOR NO. 8-19 (OLD NO 8-52, 8-53), SHREE VEERABHADRA TEMPLE PREMISES, MAIN ROAD, KALASANKA, PRANTHYA VILLAGE, MOODABIDRI - 574 227. ...PETITIONER (BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE) AND: MR. GURUPRASAD S/O LATE S RAMESH ROA, AGED ABOUT 47 YEARS, RESIDING AT GANGA PRASAD HOUSE, SITE NO. 604, 3RD BLOCK KATIPALLA, MANGALORE - 575 030. ...RESPONDENT (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) THIS CRP IS FILED UNDER SEC.18 OF THE KARNATAKA SMALL CAUSE COURTS ACT., AGAINST THE - 5 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS ORDER DATED 30.01.2025 PASSED ON IA NO.1 IN SC NO.68/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MOODBIDRI., D.K., DISMISSING THE IA NO.1 FILED UNDER SEC.16 OF THE KARNATAKA SMALL CAUSE COURTS ACT AND SEC.151 OF CPC., FOR RETURN THE PLAINT FOR WANT OF JURISDICTION IN CRP NO. 321/2025 BETWEEN: MRS. KUSUMA D/O. LATE SIDDU POOJARY, AGED ABOUT 78 YEARS, RESIDING AT DOOR NO. 8-16A (8-17), SHREE VEERABHADRA TEMPLE PREMISES, KALSANKA, PRANTHYA VILLAGE, MOODABIDRI TALUK - 574 227. ...PETITIONER (BY SRI. GOWTHAMDEV C. ULLAL, ADVOCATE) AND: MR. GURUPRASAD S/O LATE S RAMESH ROA, AGED ABOUT 47 YEARS, RESIDING AT GANGA PRASAD HOUSE, SITE NO. 604, 3RD BLOCK KATIPALLA, MANGALORE - 575 030. ...RESPONDENT (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) THIS CRP IS FILED UNDER SECTION 18 OF SMALL CAUSES COURT ACT, AGAINST THE ORDER DATED 30.01.2025 PASSED ON IA NO. I IN SC NO.71/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, - 6 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS MOODABIDRI, D.K., DISMISSING THE IA NO. I FILED U/S 16 OF KARNATAKA SMALL CAUSES COURTS ACT AND SEC. 151 OF CPC FOR RETURN THE PLAINT FOR WANT OF JURISDICTION. IN CRP NO. 322/2025 BETWEEN: MR. THIMMAPPA NAIK S/O LATE ANANTHA NAIK AGED ABOUT 76 YEARS, RESIDING AT DOOR NO. 8/14, (OLD NO 8/50), SHREE VEERABHADRA TEMPLE PREMISES, MAIN ROAD, KALSANKA, PRANTHYA VILLAGE, MOODABIDRI - 574 227. ...PETITIONER (BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE) AND: MR. GURUPRASAD S/O LATE S RAMESH ROA, AGED ABOUT 47 YEARS, RESIDING AT GANGA PRASAD HOUSE, SITE NO. 604, 3RD BLOCK KATIPALLA, MANGALORE - 575 030. ...RESPONDENT (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) THIS CRP IS FILED UNDER SEC.18 OF THE KARNATAKA SMALL CAUSE COURTS ACT., AGAINST THE ORDER DATED 30.01.2025 PASSED ON IA NO.1 IN SC NO.70/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MOODBIDRI., D.K., DISMISSING THE IA NO.1 FILED - 7 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS UNDER SEC.16 OF THE KARNATAKA SMALL CAUSE COURTS ACT AND SEC.151 OF CPC., FOR RETURN THE PLAINT FOR WANT OF JURISDICTION. IN CRP NO. 325/2025 BETWEEN: MS PREMA D/O LATE K SHANKARA, AGED ABOUT 54 YEARS, RESIDING AT DOOR NO. 8-58 (8-23) SHREE VEERABHADRA TEMPLE PREMISES, KALSANKA, PRANTHYA VILLAGE, MOODABIDRI TALUK - 574 227. ...PETITIONER (BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE) AND: MR. GURUPRASAD S/O LATE S RAMESH ROA, AGED ABOUT 47 YEARS, RESIDING AT GANGA PRASAD HOUSE, SITE NO. 604, 3RD BLOCK KATIPALLA, MANGALORE - 575 030. ...RESPONDENT (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) THIS CRP IS FILED UNDER SECTION 18 OF SMALL CAUSES COURT ACT, AGAINST THE ORDER DATED 30.01.2025 PASSED ON I.A.NO.1 IN SC.NO.65/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT MOODABIDRI MANGALURU.D.K, DISMISSING THE I.A.NO.1 FILED UNDER SECTION 16 OF KARNATAKA SMALL CAUSE - 8 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS COURTS ACT AND SEC.151 OF CPC. IN CRP NO. 326/2025 BETWEEN: MRS SHUBHALAKSHMI PRABHU PRABHU, W/O LATE VASUDEV PRABHU, AGED ABOUT 66YEARS, RESIDING AT DOOR NO. 8-25, SHREE VEERABHADRA KALSANKA, PRANTHYA VILLAGE, TEMPLE PREMISE, MOODABIDRI TALUK - 574 227. ...PETITIONER (BY SRI. GOWTHAMDEV C.ULLAL.,ADVOCATE) AND: MR. GURUPRASAD S/O LATE S RAMESH ROA, AGED ABOUT 47 YEARS, RESIDING AT GANGA PRASAD HOUSE, SITE NO. 604, 3RD BLOCK KATIPALLA, MANGALORE - 575 030. ...RESPONDENT (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) THIS CRP IS FILED UNDER SEC.18 OF SMALL CAUSE COURTS ACT., AGAINST THE ORDER DATED 30.01.2025 PASSED ON IA NO.I IN SC NO.62/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MOODBIDRI., D.K., DISMISSING THE IA NO.1 FILED UNDER SEC.16 OF KARNATAKA SMALL CAUSES COURTS ACT AND SEC.151 OF CPC., FOR RETURN THE PLAINT FOR WANT OF JURISDICTION. - 9 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS IN CRP NO. 327/2025 BETWEEN: MR. CHANDRAHASA S/O LATE BABU SHETTY, AGED ABOUT 49 YEARS, DOOR NO 8-24 SHREE VEERABHADRA TEMPLE PREMISES KALSANKA, PRANTHYA VILLAGE MOODABIDRI TALUK - 574 227. ...PETITIONER (BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE) AND: MR. GURUPRASAD S/O LATE S RAMESH ROA, AGED ABOUT 47 YEARS, RESIDING AT GANGA PRASAD HOUSE, SITE NO. 604, 3RD BLOCK KATIPALLA, MANGALORE - 575 030. ...RESPONDENT (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) THIS CRP IS FILED UNDER SEC.18 OF SMALL CAUSE COURTS ACT., AGAINST THE ORDER DATED 30.01.2025 PASSED ON IA NO.I IN SC NO.74/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MOODBIDRI., D.K., DISMISSING THE IA NO.1 FILED UNDER SEC.16 OF KARNATAKA SMALL CAUSES COURTS ACT AND SEC.151 OF CPC., FOR RETURN THE PLAINT FOR WANT OF JURISDICTION. - 10 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS IN CRP NO. 328/2025 BETWEEN: MR. KEERTHEESHA ACHARYA, S/O. LATE B GANAPATHI ACHARYA, AGED ABOUT 64 YEARS, RESIDING AT DOOR NO. 813 SHREE VEERABHADRA TEMPLE PREMISES, MAIN ROAD KALSANKA, PRANTHYA VILLAGE, MOODABIDRI - 574 227. ...PETITIONER (BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE) AND: MR. GURUPRASAD S/O LATE S RAMESH ROA, AGED ABOUT 47 YEARS, RESIDING AT GANGA PRASAD HOUSE, SITE NO. 604, 3RD BLOCK KATIPALLA, MANGALORE - 575 030. ...RESPONDENT (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) THIS CRP IS FILED UNDER SECTION 18 OF SMALL CAUSES COURT ACT, AGAINST THE ORDER DATED 30.01.2025 PASSED IN SC.NO.63/2023 PASSED ON I.A.NO.1 IN SC.NO.63/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT MOODABIDRI, MANGALURU C.K, DISMISSING THE I.A.NO.1 FILED UNDER SECTION 16 OF KARNATAKA SMALL CAUSE COURT ACT AN SEC.151 OF CPC. - 11 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the revision petitioner has filed a memo for withdrawal. The memo reads as under: IN CRP No.323/2025 "The petitioner above named most respectfully submits as follows: The undersigned petitioners respectfully pray that this Hon’ble Court be pleased to grant leave to withdraw the above revision petition, with liberty to the petitioner to urge the grounds raised therein regarding the competence of the respondent to issue the legal notice under Section 106 of the Transfer of Property Act, keeping open all contentions of the petitioner before the learned Senior Civil Judge and JMFC, Moodabidri, Mangaluru in SC No.67/2023, in order to meet the ends of justice.” IN CRP No.314/2025 "The petitioner above named most respectfully submits as follows: The undersigned petitioners respectfully pray that this Hon’ble Court be pleased to grant leave to withdraw the above revision petition, with liberty to the petitioner to urge the grounds raised therein regarding the competence of the - 12 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS respondent to issue the legal notice under Section 106 of the Transfer of Property Act, keeping open all contentions of the petitioner before the learned Senior Civil Judge and JMFC, Moodabidri, Mangaluru in SC No.65/2023, in order to meet the ends of justice.” IN CRP No.316/2025 "The petitioner above named most respectfully submits as follows: The undersigned petitioners respectfully pray that this Hon’ble Court be pleased to grant leave to withdraw the above revision petition, with liberty to the petitioner to urge the grounds raised therein regarding the competence of the respondent to issue the legal notice under Section 106 of the Transfer of Property Act, keeping open all contentions of the petitioner before the learned Senior Civil Judge and JMFC, Moodabidri, Mangaluru in SC No.66/2023, in order to meet the ends of justice.” IN CRP No.320/2025 "The petitioner above named most respectfully submits as follows: The undersigned petitioners respectfully pray that this Hon’ble Court be pleased to grant leave to withdraw the above revision petition, with liberty to the petitioner to urge the grounds raised therein regarding the competence of the respondent to issue the legal notice under Section 106 of the Transfer of Property Act, keeping open all contentions of the petitioner before the learned Senior Civil Judge and JMFC, Moodabidri, Mangaluru in SC No.68/2023, in order to meet the ends of justice.” - 13 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS IN CRP No.321/2025 "The petitioner above named most respectfully submits as follows: The undersigned petitioners respectfully pray that this Hon’ble Court be pleased to grant leave to withdraw the above revision petition, with liberty to the petitioner to urge the grounds raised therein regarding the competence of the respondent to issue the legal notice under Section 106 of the Transfer of Property Act, keeping open all contentions of the petitioner before the learned Senior Civil Judge and JMFC, Moodabidri, Mangaluru in SC No.71/2023, in order to meet the ends of justice.” IN CRP No.322/2025 "The petitioner above named most respectfully submits as follows: The undersigned petitioners respectfully pray that this Hon’ble Court be pleased to grant leave to withdraw the above revision petition, with liberty to the petitioner to urge the grounds raised therein regarding the competence of the respondent to issue the legal notice under Section 106 of the Transfer of Property Act, keeping open all contentions of the petitioner before the learned Senior Civil Judge and JMFC, Moodabidri, Mangaluru in SC No.70/2023, in order to meet the ends of justice.” IN CRP No.325/2025 "The petitioner above named most respectfully submits as follows: The undersigned petitioners respectfully pray that this Hon’ble Court be pleased to grant leave to withdraw the above revision petition, with liberty to the petitioner to urge the grounds - 14 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS raised therein regarding the competence of the respondent to issue the legal notice under Section 106 of the Transfer of Property Act, keeping open all contentions of the petitioner before the learned Senior Civil Judge and JMFC, Moodabidri, Mangaluru in SC No.61/2023, in order to meet the ends of justice.” IN CRP No.326/2025 "The petitioner above named most respectfully submits as follows: The undersigned petitioners respectfully pray that this Hon’ble Court be pleased to grant leave to withdraw the above revision petition, with liberty to the petitioner to urge the grounds raised therein regarding the competence of the respondent to issue the legal notice under Section 106 of the Transfer of Property Act, keeping open all contentions of the petitioner before the learned Senior Civil Judge and JMFC, Moodabidri, Mangaluru in SC No.62/2023, in order to meet the ends of justice.” IN CRP No.327/2025 "The petitioner above named most respectfully submits as follows: The undersigned petitioners respectfully pray that this Hon’ble Court be pleased to grant leave to withdraw the above revision petition, with liberty to the petitioner to urge the grounds raised therein regarding the competence of the respondent to issue the legal notice under Section 106 of the Transfer of Property Act, keeping open all contentions of the petitioner before the learned Senior Civil Judge and JMFC, Moodabidri, Mangaluru in SC No.74/2023, in order to meet the ends of justice.” - 15 - HC-KAR NC: 2025:KHC:46137 CRP No. 323 of 2025 C/W CRP No. 314 of 2025 CRP No. 316 of 2025 AND 7 OTHERS IN CRP No.328/2025 "The petitioner above named most respectfully submits as follows: The undersigned petitioners respectfully pray that this Hon’ble Court be pleased to grant leave to withdraw the above revision petition, with liberty to the petitioner to urge the grounds raised therein regarding the competence of the respondent to issue the legal notice under Section 106 of the Transfer of Property Act, keeping open all contentions of the petitioner before the learned Senior Civil Judge and JMFC, Moodabidri, Mangaluru in SC No.63/2023, in order to meet the ends of justice.” Placing the memo on record, revision petitions are dismissed as withdrawn with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 61