Petition sought stay of probate proceedings concerning Kusumavathi Shetty's Will pending a suit over Radhakrishna Shetty's Will. Trial court had rejected the Section 10 CPC application; the High Court found no infirmity and disposed of the petition on the respondents' undertaking not to alienate Radhakrishna Shetty's share.
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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:
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 BAI Location: High Court of Karnataka
(BY SRI AJAY J.N., ADVOCATE)
…PETITIONER
AND:
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.
RESIDING AT 7/8-2 BRIGADE ORCHID, APARTMENT #101 BRUNTON ROAD BANGALORE-560 025.
…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:
ORDER
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.
NC: 2024:KHC:18654 WP No. 11877 of 2024
circumstances, I do not see any infirmity in the order passed by the trial Court.
Sd/JUDGE
VMB
List No.: 1 Sl No.: 8
1 issue framed by the court
Whether proceedings in P&SC No.25065/2023 for probate of Kusumavathi Shetty's Will should be stayed under Section 10 CPC pending TOS No.2/2023 concerning Radhakrishna Shetty's Will.
1 provisions across 1 enactments
GAYATHRI SHETTY
MR. M. HARIPRASAD
MRS. URMILA SHETTY
MR. ASHOK KUMAR SHETTY
MR. GIRISH PUNJA
PRATEETI PUNJA
M.I.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
