SMT. NAVYASHREE v. M/S. KAPIL CHITS(K) PVT., LTD.,
WP/33345/2025 · 2026-02-24
H T Narendra Prasad
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 1266 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1266 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:11515 WP No. 33345 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33345 OF 2025 (S-RES) BETWEEN:
SMT. NAVYASHREE C/O.MADHUSUDHANA NO.183, 5TH CROSS AGED ABOUT 32 YEARS AGRICULTURE OFFICE QUARTERS LOHITH NAGARA, NELAMANGALA BENGALURU RURAL KARNATAKA-562 123. …PETITIONER (BY SRI. NATARAJA., ADVOCATE) AND:
1. M/S. KAPIL CHITS(K) PVT., LTD., CHITS FUND COMPANY NO.499, 1ST FLOOR, EAST END MAIN ROAD 9TH BLOCK, JAYANAGAR BENGALURU-560 068. REP. BY ITS MANAGING DIRECTOR
2. SMT. RASHMI SHIVASHANKAR W/O SRI.SHIVASHANKAR AGE IN MAJOR #185/11, 2ND MAIN, 2ND CROSS CANARA BANK COLONY UTTARAHALLI MAIN ROAD
BENGALURU-560 061. 3. SRI.SHIVASHANKAR AGE IN MAJOR
Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:11515 WP No. 33345 of 2025
#185/11, 2ND MAIN, 2ND CROSS CANARA BANK COLONY UTTARAHALLI MAIN ROAD
BENGALURU-560 061. 4. SRI.GURU M PATIL S/O. SRI.G.B. MANJUNATH AGE IN MAJOR R/AT #. 1041, 2ND MAIN BHSC LAYOUT, UTTARAHALLI MAIN ROAD BENGALURU-560 061. 5. SRI.D.M.GOWRISHANKAR S/O. SRI.D.M.MALLIKARJUNAIAH AGE IN MAJOR # 68, MANJUNATH COLONY MARENAHALLI, J.P.NAGARA BENGALURU-560 078. 6. SRI.ANIL KUMAR S/O SRI.LAKSHMIPATHY AGE IN MAJOR #1624, 3RD CROSS, 17TH MAIN ROAD 2ND PHASE, J.P.NAGAR BENGALURU-560 078. 7. SRI.J. JANAKIRAMAIAH S/O.SRI. RAMAIAH AGE IN MAJOR # 499, EAST END MAIN ROAD 9TH BLOCK, JAYANAGARA BENGALURU-560 079. 8. SMT.ESHWARI W/O.V.CHANDRAPPA # 499, EAST END MAIN ROAD 9TH BLOCK, JAYANAGARA BENGALURU-560 079. 9. SRI.G. RAMESH S/O. G.GANGARAM
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HC-KAR NC: 2026:KHC:11515 WP No. 33345 of 2025
AGE IN MAJOR # 1466, 14TH MAIN ROAD SHANKARMUTT MAIN ROAD BENGALURU-560 086. 10. JOINT DIRECTOR OF AGRICULTURE, (GARNISHEE), AGE IN MAJOR BEERASANDRA, DEVANAHALLI BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. KUMARASWAMY C V., ADVOCATE FOR R1:
SRI M RAJAKUMAR, AGA FOR R10:
NOTICE TO R2 TO R9 ARE DISPENSED WITH V/O DATED: 13.11.25)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER NO: ¸ÀPÀȤ/£É®/ªÀÄ.¸ÀÆ/04/2025-26 DATED: 25-09-2025 IN ANNEXURE-A, WITHHOLDING DEATH BENEFITS TO THE PETITIONER'S HUSBAND (CLAIMS TO HAVE PASSED AN ORDER BY THE HON'BLE CITY CIVIL JUDGE AT BENGALURU IN EXECUTION CASE NO.3567/2017), PENDING ON THE FILE OF XLIII ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BENGALURU IN THE INTEREST OF JUSTICE AND EQUITY I.E., AS PER ANNEXURE-C BY ALLOWING THIS WRIT PETITION AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Article 227 of the Constitution of India, challenging the communication dated 25.09.2025 vide Annexure-A, on the ground that there was a direction in Ex.P.No.3567/2017 pending on the file
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HC-KAR NC: 2026:KHC:11515 WP No. 33345 of 2025
of the City Civil Judge at Bangalore to withhold the pensionary benefits of the petitioner. 2. The brief facts of the case are that the petitioner is the legally wedded wife of one Sri Madhusudhan S., who was an employee of the tenth respondent – State Government. During his service, he stood as a guarantor for a chit amount obtained by the second respondent from Kapil Chits Private Limited. The chit fund raised a dispute in No. DRB-CZ/CFS/46/2013-14 and obtained an award for a sum of Rs.2,79,490/-. To execute the award and recover the said amount, the chit fund company filed an execution petition in Ex.P.No.3567/2017. The respondent–Authority, by mistake, stated that there was an order passed by the Executing Court to withhold the pension payable to the petitioner, hence, passed the impugned order. 3. The learned counsel for the petitioner has produced the order sheet of the Executing Court. There is no order passed by the Executing Court directing the State
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HC-KAR NC: 2026:KHC:11515 WP No. 33345 of 2025
Government to withhold the pension payable to the petitioner. The impugned order at Annexure-A has been passed without application of mind. On this ground alone, the impugned order at Annexure-A is liable to be quashed. 4. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The impugned order dated 25.09.2025 vide Annexure-A is quashed. Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM LIST NO.: 1 SL NO.: 67