Disposed

Sri. Vittappa Nayak v. Smt. Uma Devadas Prabhu

Karnataka HC10 Jul 2023WP/6901/2023

Case brief

AI extract

What is this about?

High Court quashed the trial court's order allowing a defendant to seek stay, inviting the petitioner (legal representative of deceased defendant) to appear and file an application regarding pendency of a linked writ petition before the trial court.

What did the court decide?

Petitioner granted liberty to appear before Trial Court on 17.07.2023 and file appropriate application or memo.

Sri. Vittappa Nayak Vs Smt. Uma Devadas Prabhu — Succession and Inheritance | Karnataka HC (2023)

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NC: 2023:KHC:23830 WP No. 6901 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JULY, 2023

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BEFORE

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THE HON’BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 6901 OF 2023 (GM-CPC)

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BETWEEN:

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SRI. VITTAPPA NAYAK (SINCE DECEASED) REP BY HIS SON SIR VIVEK NAYAK S/O VITTAPPA NAYAKA, AGED ABOUT 57 YEARS R/AT 1-37 LAXMI NIVASA KOPPLANGADI, MALLARU VILLAGE, MAJOOR UDUPI DISTRICT 574118

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…PETITIONER

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(BY SRI. DHANANJAY KUMAR., ADVOCATE) AND:

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SMT. UMA DEVADAS PRABHU (SINCE DECEASED), REP BY LRS,

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Digitally signed by VANDANA S Location: High Court of Karnataka

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SRI SADANANDA DEVDAS PRABHU,

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1. AGE 54 YEARS, NO 21/44, PANDURANGA NIVAS, SWADESHI MILL ROAD, SION CHUNABHATTI, MUMBAI 400022

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SMT SHOBHA AMARNATH HEGDE D/O DEVDAS PRABHU AGE 50 YEARS R-7/2 7, PRIYADARSHINI CHS LTD, SPHEGHETTI, SECTOR NO 15, KHARGHAR, NAVI MUMBAI 410210

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…RESPONDENTS

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THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 07.09.2022 PASSED ON MEMO FILED BY THE PETITIONER

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NC: 2023:KHC:23830 WP No. 6901 of 2023

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HEREIN IN OS NO.319/2012 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, UDUPI VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The limited grievance of the petitioner, who is the son of the defendant – Vittappa Naik in O.S. No.319/2012 on the file of II Additional Civil Judge & JMFC, Udupi (for short, 'Trial Court'), is that during his lifetime, his father (original defendant) had requested the Trial Court to stay further proceedings in the suit till disposal of Writ Petition No.22232/2021 and upon the demise of his father, the petitioner could not take necessary steps to bring the pendency of W.P. No.22232/2021 to the notice of the Trial Court and as such it is necessary to provide an opportunity to the petitioner, who is the legal representative of deceased defendant to take appropriate steps in the suit in this regard.

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It is also seen that the suit presently stands posted before the Trial Court on 17.07.2023.

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In view of the aforesaid facts and circumstances of the case, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to appear before the Trial Court on 17.07.2023 and file appropriate application, memo etc., which shall

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NC: 2023:KHC:23830 WP No. 6901 of 2023

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be considered and disposed of by the Trial Court in accordance

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with law.

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Subject to the aforesaid directions, petition stands disposed

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of.

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Sd/JUDGE

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HNM List No.: 1 Sl No.: 35

Sri. Vittappa Nayak v. Smt. Uma Devadas Prabhu

Case brief

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Sri. Vittappa Nayak v. Smt. Uma Devadas Prabhu

Case brief

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