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2025 DAILYLAW 91829 (KAR)

SRI V SUMERMAL v. SMT K L SHARADA

CRP/450/2022 · 2025-12-08

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:52258 CRP No. 450 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 450 OF 2022 (SC) BETWEEN: 1. SRI V SUMERMAL S/O SRI VAJINGMALJI PROPRIETOR M/S RAJENDRA TOYS NO.40/1, BELLI BASAVANNA TEMPLE STREET MAMULPET BANGALORE -560 053 SINCE DECEASED REP BY HIS WIFE SMT PUSHPA DEVI W/O LATE V SUMEMAL AGED ABOUT 60 YEARS …PETITIONER (BY SRI. H.J. SANGHVI, ADVOCATE) AND: 1. SMT K L SHARADA W/O LATE SRI M RAMESH @ M RAMESH KUMAR AGED ABOUT 65 YEARS R/A NO.52, S B ROAD V V PURAM BENGALURU - 560 004 2. SRI MAHENDRA KUMAR S/O LATE SRI V SUMERMAL AGED ABOUT 27 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52258 CRP No. 450 of 2022 NO.40/1, BELLI BASAVANNA TEMPLE STREET MAMULPET BANGALORE - 560 053 …RESPONDENTS (BY SRI. PARASMAL B. @ PARAS JAIN, ADVOCATE FOR R1) THIS CRP IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSES COURTS ACT, 1964, AGAINST THE JUDGEMENT AND DECREE DATED 20.08.2022 PASSED IN SC.NO.295/2020 ON THE FILE OF THE II ADDL. JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU, DECREEING THE SUIT FOR EJECTMENT AND VACANT POSSESSION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. After addressing the arguments for sometime, Sri. H.J. Sanghvi, learned counsel for the petitioner files a memo, which reads as under: "The petitioner above named humbly submit that she was not a party in the trial court and no decree is passed against her. - 3 - HC-KAR NC: 2025:KHC:52258 CRP No. 450 of 2022 Wherefore, the petitioner prays that she may be permitted to contest Ex. petition claiming her independent right in the ends of justice and equity." 2. Copy of the memo is furnished to Sri. Parasmal B. @ Paras Jain, learned counsel for the contesting respondents. 3. It is the case of the revision petitioner that she is the legally wedded wife of Sri. V. Sumermal who was the original defendant in S.C. No.295/2020. 4. After his death, the landlady without impleading the present petitioner, impleaded the son of the petitioner and obtained a decree of ejectment only against her son and therefore her right is to be adjudicated. 5. If it is so, the present revision petitioner being the wife of Sri. V. Sumermal, is entitled to file necessary application in the execution proceedings establishing her independent right in respect of the petition property. - 4 - HC-KAR NC: 2025:KHC:52258 CRP No. 450 of 2022 6. With that liberty, the present revision petition stands disposed of. Sd/- (V SRISHANANDA) JUDGE SNC ct:SG List No.: 1 Sl No.: 22