Karnataka High Court
Smt. Anuradha Muthappa Rai vs Sri. Rocky Muthappa Rai on 28 June, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:22481
WP No. 13129 of 2023
C/w WP No.13413/2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.13129 OF 2023 (GM-CPC)
C/W
WRIT PETITION NO.13413 OF 2023 (GM-CPC)
IN W.P.No.13129/2023:
BETWEEN:
SMT. ANURADHA MUTHAPPA RAI
WIFE OF LATE MUTHAPPA RAI N,
AGED ABOUT 47 YEARS,
PRESENTLY RESIDING AT NO.14,
I CROSS, SHANTHIVANA POST,
BENGALURU-560 082.
...PETITIONER
(BY SRI. B. V. ACHARYA., SENIOR COUNSEL FOR
SRI. K S HARISH., ADVOCATE)
Digitally
signed by
VANDANA AND:
S
Location: 1. SRI. ROCKY MUTHAPPA RAI
High Court
of SON OF LATE MUTHAPPA RAI N,
Karnataka AGED ABOUT 40 YEARS,
PERMANENT RESIDENT OF 7E/26-27,
RAJMAHAL APARTMENT, 8TH CROSS,
9TH MAIN ROAD, RMV EXTENSION,
SADASHIVANAGAR, BENGALURU-560 080.
2. SRI RICKY MUTHAPPA RAI
SON OF LATE MUTHAPPA RAI N,
AGED ABOUT 30 YEARS,
PERMANENT RESIDENT OF 7E/26-27,
RAJMAHAL APARTMENT, 8TH CROSS,
9TH MAIN ROAD, RMV EXTENSION,
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C/w WP No.13413/2023
SADASHIVANAGAR,
BENGALURU-560 080.
3. M R STUD FARMS PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT
NO.135/A, 9TH MAIN, RMV EXTENSION,
SADASHIVANAGAR, BANGALORE-560 080.
REPRESENTED BY ITS DIRECTOR.
4. MRN DEVELOPERS
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO. 135/A, 9TH MAIN,
RMV EXTENSION, SADASHIVANAGAR,
BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS.
5. UNNATHI GRANITES AND EXPORTS
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO. 135/A,
9TH MAIN, RMV EXTENSION, SADASHIVANAGAR,
BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS
REGISTERED UNDER PARTNERSHIP ACT.
6. MRS VENTURES
A PARTNERSHIP FIRM HAVING ITS
OFFICE AT NO. 215,
XANADU BIDADI HOBLI,
RAMANAGARA TALUK AND DISTRICT
REPRESENTED BY ITS PARTNERS
REGISTERED UNDER PARTNERSHIP ACT.
7. FOUR M PROPERTIES
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO. 135/A, 9TH MAIN,
RMV EXTENSION, SADASHIVANAGAR,
BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS
REGISTERED UNDER PARTNERSHIP ACT.
8. ALPHA DEVANAHALLI PROPERTIES LLP
A LIMITED LIABILITY PARTNERSHIP
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WP No. 13129 of 2023
C/w WP No.13413/2023
CREATED UNDER THE LLP ACT,
REGISTERED OFFICE AT NO. 135/A,
9TH MAIN, RMV EXTENSION, SADASHIVANAGAR,
BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS
REGISTERED UNDER PARTNERSHIP ACT.
9. ALPHA CONSOLIDATED PROJECTS (INDIA) LLP
A LIMITED LIABILITY PARTNERSHIP CREATED UNDER
THE LLP ACT, REGISTERED OFFICE AT NO.135/A,
9TH MAIN, RMV EXTENSION, SADASHIVANAGAR,
BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS
REGISTERED UNDER PARTNERSHIP ACT.
10. MR VENTURES
A PARTNERSHIP FIRM HAVING ITS OFFICE AT
NO. 348, 12/2, GROUND FLOOR
4TH MAIN, 16TH CROSS
SADASHIVANAGAR, BANGALORE-560 080
REPRESENTED BY ITS PARTNERS
REGISTERED UNDER PARTNERSHIP ACT.
11. BIDADI REALTY VENTURES
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO. 135/A,
9TH MAIN, RMV EXTENSION, SADASHIVANAGAR,
BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS
REGISTERED UNDER PARTNERSHIP ACT.
12. 4 R BUILDERS AND DEVELOPERS
A PARTNERSHIP FIRM HAVING ITS OFFICE AT
NO. 210/2, II FLOOR ABOVE RENAULT SHOWROOM
SADASHIVANAGAR BANGALORE-560 080
REPRESENTED BY ITS PARTNERS
REGISTERED UNDER PARTNERSHIP ACT.
13. CANARA EDUCATION SOCIETY
NO. 10/1, GROUND FLOOR,
LAKSHMINARAYANA COMPLEX,
PALACE ROAD, BANGALORE-560 052
REPRESENTED BY ITS TRUSTEE,
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P ASHWIN PAI.
14. SMT A PUSHPAJA SHETTY
AGED ABOUT 65 YEARS,
WIFE OF JAGANNATHA SHETTY,
DOOR NO. 603, SLR MANSION,
I BLOCK, BASVESHWARA NAGAR,
BANGALORE-560 079.
15. SRI SANJAY C D
MAJOR, SON OF C H DEVRAJ,
NO. 4, BENSON ROAD, BENSON TOWN,
BANGALORE-560 046.
16. NARYANSWAMY G
AGED ABOUT 35 YEARS,
NO 26/1, 1ST FLOOR,
OPPOSITE TO METRO PILLAR 94-95
KANAKAPURA ROAD, YELECHENHALLI,
BENGALURU-560 078.
17. ASHWIN RAI
AGED ABOUT 30 YEARS, SAJA HOUSE,
BULERIKATTE POST, PUTTUR TALUK,
DAKSHINA KANNADA - 574 201.
...RESPONDENTS
(BY SRI. A. RAVISHANKAR., ADVOCATE FOR R1 & R2;
SRI. BADRI VISHAL., ADVOCATE FOR R3 TO R12;
SRI. G. NARAYANA SWAMY., R16, PARTY IN PERSON)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD
14.06.2023 PASSED BY THE VII ADDITIONAL CITY CIVIL JUDGE
AND SESSIONS JUDGE, BANGALORE (CCH-19) ON I.A.NO.15 IN
O.S.NO.3046/2020, PER ANNEXURE-A.
IN W.P.No.13413/2023:
BETWEEN:
1. SRI. ROCKY MUTHAPPA RAI
SON OF LATE MUTHAPPA RAI N,
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WP No. 13129 of 2023
C/w WP No.13413/2023
AGED ABOUT 40 YEARS,
PERMANENT RESIDENT OF 7E/26-27,
RAJMAHAL APARTMENT, 8TH CROSS,
9TH MAIN ROAD, RMV EXTENSION,
SADASHIVANAGAR, BENGALURU-560 080.
2. SRI RICKY MUTHAPPA RAI
SON OF LATE MUTHAPPA RAI N,
AGED ABOUT 30 YEARS,
PERMANENT RESIDENT OF 7E/26-27,
RAJMAHAL APARTMENT, 8TH CROSS,
9TH MAIN ROAD, RMV EXTENSION,
SADASHIVANAGAR, BENGALURU-560 080.
...PETITIONERS
(BY SRI. A. RAVISHANKAR, ADVOCATE)
AND:
1. SMT. ANURADHA MUTHAPPA RAI
WIFE OF LATE MUTHAPPA RAI,
AGED ABOUT 47 YEARS,
PRESENTLY RESIDING AT NO.14,
I CROSS, SHANTHIVAN LAYOUT,
SHANKARANAGAR POST, BENGALURU-560 082.
2. M R STUD FARMS PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT
NO. 135/A, 9TH MAIN, RMV EXTENSION,
SADASHIVANAGAR, BANGALORE-560 080.
3. MRN DEVELOPERS
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO. 135/A, 9TH MAIN,
RMV EXTENSION, SADASHIVANAGAR,
BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS.
4. UNNATHI GRANITES AND EXPORTS
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO. 135/A,
9TH MAIN, RMV EXTENSION, SADASHIVANAGAR,
BANGALORE-560 080.
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NC: 2023:KHC:22481
WP No. 13129 of 2023
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REPRESENTED BY ITS PARTNERS
5. MRS VENTURES
A PARTNERSHIP FIRM HAVING ITS
OFFICE AT NO. 215,
XANADU BIDADI HOBLI,
RAMANGARA TALUK AND DISTRICT
REPRESENTED BY ITS PARTNERS
6. FOUR M PROPERTIES
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO 135/A, 9TH MAIN,
RMV EXTENSION, SADASHIVANAGAR,
BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS
7. ALPHA DEVANAHALLI PROPERTIES LLP
A LIMITED LIABILITY PARTNERSHIP
CREATED UNDER THE LLP ACT,
REGISTERED OFFICE AT NO. 135/A,
9TH MAIN, RMV EXTENSION, SADASHIVANAGAR,
BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS
8. ALPHA CONSOLIDATED PROJECTS (INDIA) LLP
A LIMITED LIABILITY PARTNERSHIP CREATED UNDER
THE LLP ACT, REGISTERED OFFICE AT NO.135/A,
9TH MAIN, RMV EXTENSION, SADASHIVANAGAR,
BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS
9. MR VENTURES
A PARTNERSHIP FIRM HAVING ITS OFFICE AT
NO. 348, 12/2, GROUND FLOOR
4TH MAIN, 16TH CROSS
SADASHIVANAGAR, BANGALORE-560 080
REPRESENTED BY ITS PARTNERS
10. BIDADI REALTY VENTURES
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO. 135/A,
9TH MAIN, RMV EXTENSION, SADASHIVANAGAR,
BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS
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11. 4 R BUILDERS AND DEVELOPERS
A PARTNERSHIP FIRM HAVING ITS OFFICE AT
NO. 210/2, II FLOOR ABOVE RENAULT SHOWROOM
SADASHIVANAGAR, BANGALORE-560 080
REPRESENTED BY ITS PARTNERS
12. CANARA EDUCATION SOCIETY
NO. 10/1, GROUND FLOOR,
LAKSHMINARYANA COMPLEX,
PALACE ROAD, BANGALORE-560 052
REPRESENTED BY ITS TRUSTEE, P ASHWIN PAI.
13. SMT A PUSHPAJA SHETTY
AGED ABOUT 65 YEARS,
WIFE OF JAGANNATHA SHETTY,
DOOR NO. 603, SLR MANSION,
I BLOCK, BASVESHWARA NAGAR,
BANGALORE-560 079.
14. SRI SANJAY C D, MAJOR, SON OF C H DEVRAJ,
NO. 4, BENSON ROAD, BENSON TOWN,
BANGALORE-560 046.
15. NARYANSWAMY G
AGED ABOUT 35 YEARS,
NO 26/1, 1ST FLOOR, OPPOSITE TO METRO PILLAR 94-95
KANAKAPURA ROAD, YELECHENAHALLI,
BENGALURU-560 078.
16. ASHWIN RAI
AGED ABOUT 30 YEARS, SAJA HOUSE,
BULERIKATTE POST, PUTTUR TALUK,
DAKSHINA KANNADA - 574 201.
...RESPONDENTS
(BY SRI. B.V.ACHARYA, SENIOR COUNSEL FOR
SRI. K.S.HARISH, ADVOCATE FOR R1;
VIDE ORDER DATED 28.06.2023, NOTICE TO R2
TO R16 IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD
14.06.2023 PASSED BY THE VII ADDITIONAL CITY CIVIL JUDGE
AND SESSIONS JUDGE, BANGALORE (CCH-19) ON I.A.NO.16 IN
O.S.NO.3046/2020, PER ANNEXURE-A.
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WP No. 13129 of 2023
C/w WP No.13413/2023
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Both these petitions arise out of the common impugned order dated 14.06.2023 passed on I.A.Nos.15 and 16 in O.S.No.3046/2020 on the file of the VII Additional City Civil and Sessions Judge, Bengaluru (for short "the Trial Court"), whereby I.A.No.15 filed by the plaintiff and I.A.No.16 filed by defendant Nos.1 and 2 were dismissed by the Trial Court.
2. Heard learned Senior counsel for the plaintiff and learned counsel for the defendants and perused the material on record.
3. The material on record discloses that the plaintiff instituted the aforesaid suit for partition and separate possession of her alleged share in the suit schedule properties and for other reliefs. The said suit is being contested by the respondents- defendants. After completion of pleadings, the Trial Court proceeded to frame the following issues:-
(1) Whether the plaintiff proves that suit schedule properties are liable for partition?
(2) Whether the plaintiff proves that late Muthappa Rai was not in a sound disposing state of mind to execute any -9- NC: 2023:KHC:22481 WP No. 13129 of 2023 C/w WP No.13413/2023 document from December, 2019 onwards upto till his death on 15.05.2020?
(3) Whether the plaintiff proves that the Release Deed dated 27.01.2020 executed by defendant No.2 in favour of defendant No.1 in respect of schedule 'E' property is not binding on her share?
(4) Whether the plaintiff proves that she is entitled for 1/3rd share in the suit schedule properties?
(5) Whether defendants prove that late Muthappa Rai had executed a Will on 25/26.12.2019?
(6) Whether defendant No.2 proves that suit schedule
- 'E', 'S', 'T', 'V', 'X', 'AA' are his self acquired properties?
(7) Whether defendant No.14 and defendant No.15 prove that they are the absolute owners of suit schedule - W property?
(8) Whether defendant No.1, 2 and 9 prove that resignation of Muthappa Rai from defendant no.9 - firm on 09.06.2016 is valid?
(9) Whether plaintiff is entitled for the other reliefs as prayed?
(10) What order or decree?
4. Prior to commencement of trial, the plaintiff filed I.A.No.15 seeking striking out of issue No.2 and recasting of issue No.5. The said application was opposed by the defendants. So also, defendant Nos.1 and 2 filed I.A.No.16 seeking framing of additional issue, as to whether the plaintiff proves that the court fee
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NC: 2023:KHC:22481 WP No. 13129 of 2023 C/w WP No.13413/2023 paid on the plaint is sufficient. This application was opposed by the plaintiff. By the impugned common order, the Trial Court rejected both I.A.Nos. 15 and 16 and proceeded to recast issue No.2.
5. Aggrieved by the impugned order rejecting I.A.No.15 and recasting issue No.2, the plaintiff is before this Court in W.P.No.13129/2023. Similarly, aggrieved by the impugned order rejecting I.A.No.16, defendant Nos.1 and 2 are before this Court in W.P.No.13417/2021.
6. A perusal of the material on record including the pleadings of the parties and the averments contained therein will clearly indicate that the reasoning of the trial court and the findings recorded by it that issue No.2 had to be recast is clearly erroneous, unsound and contrary to the material on record. Under these circumstances, I am of the considered opinion that the impugned order passed by the Trial Court recasting issue No.2 deserves to be set aside.
7. Insofar as the contention urged by the petitioner that there is no issue in relation to the averments made in the written statement with regard to the documents relied upon by the defendants is concerned, it is needless to state that defendants
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NC: 2023:KHC:22481 WP No. 13129 of 2023 C/w WP No.13413/2023 having referred to various documents which have come into existence during the period from December-2019 to 15.05.2020, when Muthappa Rai passed away, issue No.2 would necessarily have to be recast / modified with reference to the said contention. Accordingly, the recast / modified issue No.2 is as under:-
"Whether the plaintiff proves that late Muthappa Rai was not in a sound disposing state of mind to execute any document during the period from December, 2019 till his demise on 15.05.2020 and whether the defendants prove the documents relied upon by them which came into existence during the said period?
8. Insofar as I.A.No.16 filed by the defendants 1 and 2 seeking framing of an issue, as to whether the court fee paid by the plaintiff on the plaint is sufficient is concerned, a perusal of the written statement filed by the defendants clearly indicate that they have taken up a contention that the court fee paid on the plaint was insufficient and consequently, the trial court having noticed that the defendants 1 and 2 had taken up a defence in their written statement that the court fee paid on the plaint was insufficient, clearly fell in error in rejecting I.A.No.16 and as such, the impugned
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NC: 2023:KHC:22481 WP No. 13129 of 2023 C/w WP No.13413/2023 order rejecting I.A.No.16 also deserves to be set aside and an additional issue relating to court fee deserves to be framed in this regard.
9. In the result, I pass the following:
ORDER
(i) Petitions are hereby disposed of.
(ii) The impugned common order dated 14.06.2023 passed on I.A.Nos.15 and 16 in O.S.No.3046/2020 on the file of the VII Additional City Civil and Sessions Judge, Bengaluru is hereby set aside.
(iii) I.A.No.15 and I.A.No.16 stand disposed of by modifying / recasting issue No.2 and framing an additional issue regarding court fee.
(iv) Consequently, the modified / recast issue No.2 would be as under:-
"Whether the plaintiff proves that late Muthappa Rai was not in a sound disposing state of mind to execute any document during the period from December, 2019 till his demise on 15.05.2020 and whether the defendants prove the documents relied upon by them which came into existence during the said period?
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(v) The trial court is also directed to frame the following additional issue:-
" Whether the plaintiff prove that the court fee paid on the plaint is insufficient?"
(vi) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
Sd/-
JUDGE BMC/Srl.