Disposed

Sri M N Rakesh @ Ravi v. Hindustan Petroleum Corporation Limited

Karnataka HC3 Jan 2022WP/11926/2019

Case brief

AI extract

What is this about?

The High Court clubbed three writ petitions to fix directions for consolidated trial of civil suits concerning a family dispute over a fuel station. The Court directed clubbing of suits, expeditious recording of evidence, and interim management of the station property with income deposit mechanisms.

What did the court decide?

Petitions disposed with directions to club civil suits, frame issues, expedite proceedings within six months, and implement income deposit arrangement pending suit outcome.

Sri M N Rakesh @ Ravi Vs Hindustan Petroleum… — Property and Title | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF JANUARY, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.30674 OF 2019(GM-RES) C/W WRIT PETITION NOS.11926/2019, 43490/2019(GM-RES)

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IN W.P.NO.30674/2019:

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BETWEEN:

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SMT. M.N LALITHA, D/O D NANJUNDAIAH, W/O SRIKANTEGOWDA, AGED ABOUT 58 YEARS, R/AT DOOR NO.1178, 3^RD CROSS, KURUBARAGERI IRWIN ROAD, LASHKAR MOHALLA, MYSURU – 570 001.

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…PETITIONER

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(BY SRI. VENKATARAMI REDDY E, ADVOCATE)

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AND:

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HINDUSTHAN PETROLEUM CORPORATION LIMITED (A GOVERNMENT OF INDIA ENTERPRISES), BANGALORE REGIONAL OFFICE, NO.77, OLD MADRAS ROAD, DOORAVANINAGAR POST, K.R.PURAM BANGALORE - 560 016 REPT ITS DEPUTY GENERAL MANAGER (RETAIL),

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M.N. MOHAN KUMAR S/O D.NANJUNDAIAH, AGED ABOUT 50 YEARS,

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SRI. D. NANJUNDAIAH S/O D.DODDAIAH, AGED ABOUT 89 YEARS,

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SRI. M.N. RAKESH @ RAVI S/O D.NANJUNDAIAH, AGED ABOUT 42 YEARS,

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SRI. M.N. VASANTH KUMAR S/O D.NANJUNDAIAH, AGED ABOUT 54 YEARS,

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SMT. N. PRATIBHA D/O D.NANJUNDAIAH, AGED ABOUT 43 YEARS,

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RESPONDENTS NO.2 TO 6 ARE R/AT DOOR NO.1178, 3^RD CROSS, KURUBARAGERI IRWIN ROAD, LASHKAR MOHALLA, MYSURU - 570 001.

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…RESPONDENTS

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(BY SRI. B PRAMOD, ADVOCATE FOR R1; SRI. K N NITHISH, ADVOCATE FOR SRI. K V NARASIMHAN, ADVOCATE FOR R2 & R3; SRI. H K PAVAN, ADVOCATE FOR R5 & R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO RECONSTITUTE THE PUSHPA’S FUEL STATION IN THE NAME OF THE PETITIONER AND OTHER FAMILY MEMBERS AND DISTRIBUTE THE PROFITS OF THE SAID FUEL STATION EQUALLY AMONG THE FAMILY MEMBERS OF THE PETITIONERS AND ETC.,

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IN W.P.NO.11926/2019:

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BETWEEN:

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SRI. M N RAKESH @ RAVI, S/O D NANJUNDAIAH, AGED ABOUT 42 YEARS, R/AT DOOR NO.1178, 3^RD CROSS, KURUBARAGERI, IRWIN ROAD, LASHKAR MOHALLA, MYSURU-570 001.

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…PETITIONER

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(BY SRI. ADINARAYAN, ADVOCATE)

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AND:

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HINDUSTAN PETROLEUM CORPORATION LIMITED (A GOVERNMENT OF INDIA ENTERPRISES), BANGALORE REGIONAL OFFICE, NO.77, OLD MADRAS ROAD, DOORAVANINAGAR POST, K R PURAM, BANGALORE-560 016. REPT ITS DEPUTY GENERAL MANAGER (RETAIL)

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M N MOHAN KUMAR S/O D NANJUNDAIAH, AGED ABOUT 50 YEARS, R/AT DOOR NO.1178, 3^RD CROSS, KURUVARAGERI, IRWIN ROAD, LASHKAR MOHALLA, MYSURU-570 001.

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…RESPONDENTS

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(BY SRI. B PRAMOD, ADVOCATE FOR R1; SRI. K N NITISH, ADVOCATE FOR SRI. K V NARASIMHAN, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER ON DTD4.2.2019 IN RESPECT OF RECONSTITUTION OF THE FIRM M/S PUSHPA'S FUEL STATION, SITUATED AT HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE DISTRICT WHICH IS PRODUCED AT ANNEXURE-A AND ETC.,

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IN W.P.NO.43490/2019:

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BETWEEN:

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SRI. M. N. MOHAN KUMAR, M/S. PUSHPAS FUEL STATION, S/O. D. NANJUNDAIAH, AGED ABOUT 49 YEARS, R/A NO.1178, 3^RD CROSS, KURUBAGERI, IRWIN ROAD, LASHKAR MOHALLA, MYSORE-570 001.

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SRI. NANJUNDAIAH S/O. LATE D. DODDAIAH, AGED 89 YEARS, R/A NO.1178, 3^RD CROSS, KURUBAGERI, IRWIN ROAD, LASHKAR MOHALLA, MYSORE-570 001.

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…PETITIONERS

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(BY SRI. K N NITISH, ADVOCATE FOR SRI. K V NARASIMHAN, ADVOCATE)

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AND:

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HINDUSTAN PETROLEUM CORPORATION LIMTIED (A GOVERNMENT OF INDIA ENTERPRISE), BANGALORE REGIONAL OFFICE, NO.77, OLD MADRAS ROAD, DOORAVANINAGAR POST, K.R. PURAM, BENGALURU-560 016. REPRESENTED BY ITS DEPUTY GENERAL MANAGER-RETAIL.

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…RESPONDENT

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(BY SRI. B PRAMOD, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 29.08.2019 AT ANNEXURE-T ISSUED BY THE RESPONDENT AND ETC.,

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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All these writ petitions between the same parties were clubbed together by a Co-ordinate Bench of this Court for consideration, since common questions of law & facts have been involved. Both the sides having argued the matter at length are broadly in agreement with the suggestion of this Court to the following effect:

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(i) The proceedings in O.S.No.588/2018 &

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O.S.No.54/2019, both pending on the file of learned Sr. Civil Judge at Mysore and the proceeding in O.S.No.157/2021 pending on the file of learned Sr. Civil Judge at Anekal, be clubbed & tried together by the Court of same Sr. Civil Judge at Mysore and for that purpose the suit in O.S.No.157/2021 be transferred to that court;

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(ii) The pleadings in all the three suits should be completed forthwith and that the issues arising therefrom should be framed post-haste and further that the common evidence of all the parties be expeditiously recorded and further that all the suits should be heard & disposed off by the learned Sr. Civil Judge at Mysore within an outer limit of six months and further more that a compliance report be filed with the Registrar General of this Court; all contentions of the parties are kept open.

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(iii) The income accruing from one of the suit properties namely the Petrol Bunk in question shall be subject to submission of a fortnightly true & correct account at the hands of respondent No.2 and that the said respondent shall deposit with the Mysore Court 35% of the gross income

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cumulatively accruing from the said Petrol Bunk once in fifteen days, without fail; while computing the said 35%, the expenses incurred for the said business shall not be deducted; (iv) It is open to the petitioners to seek release of the accumulated 35% of the income as aforesaid every month at the hands of the Mysore Court by furnishing a Bank Guarantee therefor; the periodic deposit as directed above and its release shall be subject to the outcome of suit proceedings.

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(v) The business of the Petrol Bunk shall be carried on by respondent No.2 subject to outcome of the suits and for that purpose, he can enter into the dealership agreements, their renewal and such other arrangements which are required to be done in due course of the business.

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Ordered accordingly and all the writ petitions are disposed off; the observations hereinabove made shall not influence the suit proceedings in any way.

Costs made easy.

Sd/-

JUDGE

cbc

Sri M N Rakesh @ Ravi v. Hindustan Petroleum Corporation Limited

Case brief

What is this about?

What did the court decide?

Sri M N Rakesh @ Ravi v. Hindustan Petroleum Corporation Limited

Case brief

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What did the court decide?

What the court decided

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