- 1 - NC: 2025:KHC-K:1542 WP No. 200365 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.200365 OF 2025 (GM-CPC) BETWEEN: DR. ASHOK SHROFF S/O LATE L.K. SHROFF, AGED ABOUT 74 YEARS, OCC: RETIRED MECIDAL OFFICER, KARNATAKA HEALTH SERVICE, RESIDING AT D NO.25, 15TH MAIN, M.C. LAYOUT, VIJAYANAGARA, BENGALURU-560 040. …PETITIONER (BY SRI N. RAGHUBABU AND SRI. K.C. PRAVEEN, ADVOCATES) AND: 1. SMT. BANADEVI @ RADHA K. W/O B.J. KULKARNI, AGED ABOUT 64 YEARS, OCC: HOUSE HOLD WORK, RESIDING AT NO.58, 1ST CROSS, LEFT CURVE, RANUKACHARYANAGAR, BELLARY (DIST)-583 101. 2. SMT. PADMAVATHI M. SHROFF W/O M.L. SHROFF, AGED ABOUT 69 YEARS, OCC: HOUSEHOLD WORK RESIDING AT H. NO.7-5-154/205, JAWAHAR NAGAR, RAICHUR-584 103. 3. SMT. SUNITHA W/O RAJAGOPAL J.N., D/O M.L. SHROFF, AGED ABOUT 49 YEARS, OCC: HOUSE HOLD WORK, RESIDING AT H.NO.4-4-250/79, SATAYANATHA COLONY, RAICHUR-584 103. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1542 WP No. 200365 of 2025 4. SRI. LAKSHMANNA SHROFF S/O LATE M.L. SHROFF, AGED ABOUT 47 YEARS, OCC: BUSINESS, RESIDING AT H. NO.7-5-154/205, JAWAHAR NAGAR, RAICHUR-584 103. 5. SRI. SATHISH S/O LATE M.L. SHROFF, AGED ABOUT 44 YEARS, OCC: BUSINESS, RESIDING AT H. NO.7-5-154/205, JAWAHAR NAGAR, RAICHUR-584 103. 6(A) SRI. VIJAYAKUMAR SHROFF S/O LATE L.K. SHROFF, SINCE DEAD BY LRS, SMT. SARASWATHI SHROFF W/O LATE L.K. SHROFF, AGED ABOUT 68 YEARS, 6(B) SRI. SHAMIK SHROFF S/O VIJAYAKUMAR SHROFF, AGED ABOUT 45 YEARS, 6(C) MRS. SHAMA SHROFF D/O VIJAYAKUMAR SHROFF, AGED ABOUT 35 YEARS, LRS OF PETITIONER NO.1 (A) TO 1(C) ARE RESIDING AT NO. 15TH WARD, 1ST CROSS, NEW AMARAVATHI HOSPET CITY, BELLARY DISTRICT-583201. 7. SRI. RAGHAVENDRA SHROFF S/O LATE L.K. SHROFF, AGED ABOUT 56 YEARS, OCC: NIL, RESIDING AT C/O RAGHAVENDRA SWAMY MUTTA, OPP. SADHANA TEXTILE, CAR STREET, BELLARY-583 101. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS A WRIT OF MANDAMUS OR ANY OTHER WRIT THEREBY DIRECTING THE A) THE COURT OF THE HONO’BLE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT RAICHUR TO DISPOSE OF THE I.A NO. 6 - 3 - NC: 2025:KHC-K:1542 WP No. 200365 of 2025 FILED N FDP NO.1/2018 SEEKING TO PUT THE PROPERTY IN PUBLIC AUCTION WHICH IS FILED AT ANNEXURE-D TO THIS WRIT PETITION AS EARLY AS POSSIBLE BY FIXING THE TIME FOR DISPOSAL OF THE SAME. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This writ petition is filed with a prayer before the trial court to dispose of I.A.No.6 in FDP No.1/2018 seeking to put the property in public auction. The said application is marked at Annexure-D. 2. It is noticed that in terms of Annexure-D the petitioner has contended that the property involved in the final decree proceedings is incapable of division and as such the property is to be auctioned. The said application is dated 08.02.2023. It is also noticed that preliminary decree was passed on 20.04.2016. 3. It is noticed that the respondents in the petition are not yet served. However, the petitioner has not sought any - 4 - NC: 2025:KHC-K:1542 WP No. 200365 of 2025 relief against the respondents. The records produced before this court would also indicate that the application is filed in the year 2013 and same is marked at Annexure-B and not yet disposed of. 4. Under these circumstances, the trial court is directed to dispose of the said application on merits, expeditiously. 5. It is made clear that this court has expressed nothing on the merits of the said application. 6. All contentions are kept open. While disposing of the said application the respondents shall also be heard. 7. This court is also conscious that the respondents are not heard while passing this order and in that case respondents are aggrieved by this order are at liberty to move the court. Sd/- (ANANT RAMANATH HEGDE) JUDGE BL List No.: 2 Sl No.: 5 CT: AK