Karnataka High Court
Gayathri Shetty vs Mr M Hariprasad on 31 May, 2024
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NC: 2024:KHC:18654
WP No. 11877 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO.11877 OF 2024 (GM-CPC)
BETWEEN:
1. GAYATHRI SHETTY
DAUGHTER OF LATE UDAYCHAND SHETTY
AND GRANDDAUGHTER OF
LATE KUSUMAVATHI SHETTY
AGED ABOUT 40 YEARS
RESIDING AT BEACH ROTANA
RESIDENCES APARTMENTS
#2168, ALZAHIYA ABU DHABI AREA
UNITED ARAB EMIRATES
REPRESENTED BY HER POWER OF
ATTORNEY HOLDER MRS.PREMILA SHETTY.
Digitally
signed by V
MANJUSHA ...PETITIONER
BAI
Location: (BY SRI AJAY J.N., ADVOCATE)
High Court
of Karnataka
AND:
1. MR. M. HARIPRASAD
S/O. LATE KUSUMAVATHI SHETTY
AGED ABOUT 75 YEARS
RESIDING AT NO.12
1ST STAGE, AECS LAYOUT
NEAR AECS SAMUDAYA BHAVANA
SANJAY NAGAR,
RMV EXTENSION II STAGE,
BENGALURU - 560 094.
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WP No. 11877 of 2024
2. MRS. URMILA SHETTY
DAUGHTER OF LATE KUSUMAVATHI SHETTY
AGED ABOUT 74 YEARS
RESIDING AT 8, FRIAR TUCK CIRCLE
SUMMITNG 07901
UNITED STATES OF AMERICA.
3. MR. ASHOK KUMAR SHETTY
S/O. LATE KUSUMAVATHI SHETTY
AGED ABOUT 73 YEARS
RESIDING AT 58, 1ST BLOCK
2ND MAIN, KORAMANGALA
BANGALORE-560 034.
4. MR. GIRISH PUNJA
S/O. LATE USHA R. PUNJA
AND RAVINDRANATH PUNJA
AND GRANDSON OF
LATE KUSUMAVATHI SHETTY
AGED ABOUT 63 YEARS
RESIDING AT # 21/22
MAHATMA GANDHI ROAD
BANGALORE, KARNATAKA-560 001.
5. PRATEETI PUNJA
DAUGHTER OF LATE USHA R. PUNJA
AND GRANDDAUGHTER OF
LATE KUSUMAVATHI SHETTY
AGED ABOUT 58 YEARS
RESIDING AT #21/22
MAHATMA GANDHI ROAD
BEHIND TRINITY METRO STATION
BANGALORE NORTH, BENGALURU
KARNATAKA-560 001.
6. MS. REETI PUNJA
DAUGHTER OF LATE VRANDA PUNJA AND
GRANDDAUGHTER OF
LATE KUSUMAVATHI SHETTY
AGED ABOUT 52 YEARS
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WP No. 11877 of 2024
RESIDING AT 7/8-2
BRIGADE ORCHID, APARTMENT #101
BRUNTON ROAD
BANGALORE-560 025.
7. MR. VIREN PUNJA
S/O LATE VRANDA PUNJA AND
GRANDSON OF LATE KUSUMAVATHI SHETTY
AGED ABOUT 43 YEARS
RESIDING AT 4/5, LEAVENWORTH STREET
NE 68102, UNITED STATE OF AMERICA.
...RESPONDENTS
(BY SRI ROHAN VEERANNA TIGADI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE BY
WAY OF A WRIT OF CERTIORARI, THE IMPUGNED ORDER
DATED 30.03.2024 (@ANNEXURE-A) PASSED ON I.A.NO.2 BY
THE 74TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (MAYOHALL UNIT), BENGALURU URBAN ("TRIAL
COURT") IN P & SC.NO.25065/2023, TO THE EXTENT
REJECTING THE APPLICATION FILED BY THE RESPONDENT
UNDER SECTION 10 READ WITH 151 OF THE CODE OF CIVIL
PROCEDURE (I.A.) NO.2 (@ANNEXURE-C) FILED IN
P&SC.NO.25065/2023, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 11877 of 2024
ORDER
1. Aggrieved by the order dated 30.03.2024 passed on I.A.No.II in P & SC No.25065/2023 by the 74th Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru, the respondent therein has preferred this writ petition.
2. Petitioner and respondents herein are all relatives. One Kusumavathi Shetty is said to have executed a Will dated 26.06.2009 bequeathing her properties in favour of several of her relatives. She died on 01.08.2018. As per her Will one of her son by name Radhakrishna Shetty is entitled to certain properties. The said Radhakrishna Shetty is said to have executed a Will dated 29.07.2020 and he has died on 15.02.2021. Petitioner is the niece of the said Radhakrishna Shetty and she is claming to be the beneficiary under the Will said to have been executed by Radhakrishna Shetty. The same is disputed by respondent Nos.1 to 3 in the instant writ petition and it has resulted in TOS No.2/2003. In the meanwhile, P & SC No.25065/2023 has been filed to give effect to the Will executed by Kusumavathi Shetty. The petitioner herein made an application under Section 10 of the Code of Civil Procedure, -5- NC: 2024:KHC:18654 WP No. 11877 of 2024 1908 for stay of further proceedings in P & SC No.25065/2023 pending adjudication in TOS No.2/2023. The said application has been rejected by the trial Court. Aggrieved by the same, the present writ petition is filed.
3. The contention of the petitioner herein is that in P & SC No.25065/2023 respondent No.1 herein has prayed for grant of letters of administration in his favour in respect of all the properties of Kusumavathi Shetty and there is no mention about the Will of Radhakrishna Shetty and pendency of TOS No.2/2023, because of which his rights will be affected.
4. Per contra, learned counsel for the respondents submits that P & SC No.25065/2023 has been filed to probate the Will of Kusumavathi Shetty and if the petitioner is having any right in respect of the properties owned by Radhakrishna Shetty, she can always have the same adjudicated in TOS No.2/2023 and there is no requirement to stay further proceedings in P & SC No.25065/2023 till disposal of TOS No.2/2023 and prays for dismissal of the writ petition.
5. Admittedly, P & SC No.25065/2023 is filed to have the Will of one Kusumavathi Shetty probated. TOS No.2/2023 pertains to the Will of Radhakrishna Shetty. Under the -6- NC: 2024:KHC:18654 WP No. 11877 of 2024 circumstances, I do not see any infirmity in the order passed by the trial Court.
6. However, in the course of the arguments, the learned counsel for the respondents submit that upon disposal of P & SC No.25065/2023, respondents shall not alienate or disturb the properties which fell into the share of Radhakrishna Shetty by the Will of Kusumavathi Shetty. His submission is placed on record. Learned counsel for the petitioner submits that he is satisfied by such an undertaking.
7. Recording the submission of the learned counsel for the respondents, the writ petition is hereby disposed of.
Sd/-
JUDGE VMB List No.: 1 Sl No.: 8