Disposed

Sri Vikas Dhingra v. Sri Anurag Sachdev

Karnataka HC9 Nov 2022WP/4926/2022

Case brief

AI extract

What is this about?

This temple order in a succession certificate suit notes the respondent died before appearing. The court holds the petition disposed of without adjudicating the impugned order on merits, reserving liberty for a new application after renewed citation publication.

What did the court decide?

The writ petition was disposed of with liberty to file a similar application after the publication of another citation.

Sri Vikas Dhingra Vs Sri Anurag Sachdev — Civil Procedure and Limitation | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 09^TH DAY OF NOVEMBER 2022

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.4926/2022 (GM-CPC)

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BETWEEN :

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SRI VIKAS DHINGRA AGED 56 YEARS S/O K M DHINGRA R/A NO. 565-566 DOUBLE STOREY NEW RAJINDER NAGAR NEW DELHI - 110 054.

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SRI GAUTAM KATARIA AGED 52 YEARS S/O S M KATARIA R/A NO. J-1, SANGAM ESTATE I UNDER HILL ROAD CIVIL LINES, NEW DELHI - 110 054.

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REP BY THEIR REGISTERED POWER OF ATTORNEY HOLDER

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SRI J R SURESH AGED 63 YEARS S/O LATE RAMAKRISHNA G R/A NO. 8/28, AJITH SHREE BULL TEMPLE ROAD BASAVANGUDI, BENGALURU - 560 004.

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... PETITIONERS

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(BY SRI. B.M. ADIGA ., ADVOCATE)

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AND :

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SRI ANURAG SACHDEV S/O LATE PURUSHOTHAM LAL SACHDEV AGED 37 YEARS R/AT 83/2A, 1^ST FLOOR KINATUKARA BUILDING, 14^TH CROSS MARGOSA ROAD, MALLESWARAM BENGALURU - 560 003.

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... RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ORDER DATED 20.07.2021 PASSED IN OS 7855/2018 ON IA-2 DATED 20.04.2021 FILED BY THE PETITIONERS UNDER ORDER XIII RULE 10 OF CPC AND PENDING ON THE FILE OF THE XV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH-3) VIDE ANNX-A.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners have commenced the proceedings for issuance of Succession Certificate for the assets left behind by Sri late Purushottam Lal Sachdev, the executrix of the last will and testament relied upon by them, and with the respondent entering appearance to contest, the petition is registered as O.S.No.7855/2018.

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This suit is pending consideration on the file of the XV

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Additional City Civil and Sessions Judge, Bengaluru [for short, ‘ the civil Court’ ]. The civil Court, by its impugned order dated 20.07.2021, has rejected the petitioners' application under Order XIII Rule 10(2) of the Code of Civil Procedure, 1908. The civil Court has observed that it would be open to the petitioners to obtain the documents produced in the pending proceedings and there is no reason for issuance of summons to produce such documents.

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The learned counsel for the petitioners submits that the sole respondent is no more, and he has died a bachelor without leaving behind any issues. None appeared except the respondent when citation of the petition for Succession Certificate was published. However, he cannot contend that citation will have to be repeated because of the demise of the respondent.

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In which event, this Court is of the considered opinion that the petition must be disposed of reserving

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liberty to file a similar application after publication of another citation in the suit. The application so filed must be considered independent of any finding in the impugned order. This would enable effective adjudication rather than permitting publication of citation in the present proceedings for consideration of the merits of the impugned order and repeating the publication of citation in the pending proceedings before the civil Court.

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The petition stands disposed of with liberty as aforesaid.

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Sd/JUDGE

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SA/Ct:sr

Sri Vikas Dhingra v. Sri Anurag Sachdev

Case brief

What is this about?

What did the court decide?

Sri Vikas Dhingra v. Sri Anurag Sachdev

Case brief

What is this about?

What did the court decide?

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