Dismissed

Savitha Sharma v. Ranjeeta

Karnataka HC15 Jul 2024WP/24080/2021

Case brief

AI extract

What is this about?

Petitioner sought reconsideration of a suit judgment and decree concerning Hindu succession shares via writ petition. The court held that a regular first appeal, not a writ petition, was the proper remedy and dismissed the petition as withdrawn.

What the court decided

AI extract

Savitha Sharma Vs Ranjeeta — Succession and Inheritance | Karnataka HC (2024)

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NC: 2024:KHC:27298 WP No. 24080 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24080 OF 2021 (GM-CPC)

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BETWEEN:

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SAVITHA SHARMA, MAJOR, WIFE OF N.K. SHARMA, RESIDENT OF:28C-ED AND 53 A-ED, MADHUBAN CHOWK, PITAM PURA, NEW DELHI – 110 034.

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…PETITIONER

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(BY SRI. ABDUL WAJID S.A., ADVOCATE)

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AND:

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Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

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RANJEETA, DAUGHTER OF LATE PARASMAL H. JAIN, AGED ABOUT 29 YEARS, RESIDING AT R.H.PLAZA, NO.87/88, 3RD FLOOR, MAMULPET, BANGALORE – 560 002. LRS OF PLAINTIFF NO.5.

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CHIRANJIVI, SON OF LATE PARASMAL H. JAIN, AGED ABOUT 27 YEARS, RESIDING AT R.H. PLAZA, NO. 87/88, 3RD FLOOR, MAMULPET, BANGALORE – 560 002. LRS OF PLAINTIFF NO.5.

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2 - NC: 2024:KHC:27298 WP No. 24080 of 2021

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JYOTHI, DAUGHTER OF LATE PARASMAL H. JAIN, AGED ABOUT 18 YEARS, REP. BY BRO, CHIRANJIVI, RESIDING AT R.H.PLAZA, NO.87/88, 3RD FLOOR, MAMULPET, BANGALORE – 560 002. LRS OF PLAINTIFF NO.5.

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ANJANA NAGOTRA, WIFE OF LATE MOOLCHAND H. JAIN, AGED ABOUT 60 YEARS, RESIDING AT NO.26, ‘SARGRAM’, 4TH MAIN ROAD, SUBRAMANYAM TEMPLE STREET, BANGALORE – 560 009. REP. BY BRO PRATIK NAGOTRA. LRS OF PLAINTIFF NO.2.

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PAYAL NAGOTRA, DAUGHTER OF LATE MOOLCHAND H. JAIN, AGED ABOUT 35 YEARS, RESIDING AT NO.26, ‘SARGRAM’, 4TH MAIN ROAD, SUBRAMANYAM TEMPLE STREET, BANGALORE – 560 009. REP. BY BRO PRATIK NAGOTRA. LRS OF PLAINTIFF NO.2.

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PRATIK NAGOTRA SON OF LATE MOOLCHAND H. JAIN, AGED ABOUT 32 YEARS, RESPONDENT NO.5 TO 7 ARE RESIDING AT NO.26, ‘SARGRAM’, 4TH MAIN ROAD, SUBRAMANYAM TEMPLE STREET, BANGALORE – 560 009. LRS OF PLAINTIFF NO.2.

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3 - NC: 2024:KHC:27298 WP No. 24080 of 2021

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SUSHEELA K. JAIN, WIFE OF KANTHILAL H. JAIN, AGED ABOUT 46 YEARS, R/AT NO.87-88, BELLI BASAVANNA, TEMPLE STREET, MAMULPET, BANGALORE – 560 053.

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INDIRA DEVI, WIFE OF LATE MANGILAL H. JAIN, AGED ABOUT 41 YEARS, R/AT ‘LEO RESIDENCY’, 1^ST FLOOR, VASAVI ROAD, NEAR JAIN COLLEGE, V.V.PURAM, BANGALORE – 560 004. LRS OF PLAINTIFF NO.4.

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AJAY KUMAR, S/O. LATE MANGILAL H. JAIN, AGED ABOUT 30 YEARS, R/AT ‘LEO RESIDENCY’, 1^ST FLOOR, VASAVI ROAD, NEAR JAIN COLLEGE, V.V.PURAM, BANGALORE – 560 004. LRS OF PLAINTIFF NO.4.

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ANITA, DAUGHTER OF LATE MANGILAL H. JAIN, AGED ABOUT 28 YEARS, R/AT ‘LEO RESIDENCY’, 1^ST FLOOR, VASAVI ROAD, NEAR JAIN COLLEGE, V.V.PURAM, BANGALORE – 560 004. LRS OF PLAINTIFF NO.4.

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SURAJ CHAJED, WIFE OF KIRAN RAJ CHAJED, AGED ABOUT 44 YEARS, C/O. RATHAN RAJ JAIN, SINDANOOR, MANGALORE DISTRICT.

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4 - NC: 2024:KHC:27298 WP No. 24080 of 2021

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ALSO AT NO.77/23, SAI KRIPA III CROSS, II STAGE, OKALIPURAM, BANGALORE – 560 021.

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GUNIYA KOTHARI, WIFE OF SURESH KOTHARI, AGED ABOUT 42 YEARS, C/O. KOTHARI JEWELLERS, 499, CENTRAL STREET, BHOPAL CHOWK, POONA(CAMP), PUNE – 41100.

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SUSHEELA C. JAIN, WIFE OF LATE CHOUTHMAL H. JAIN, AGED ABOUT 50 YEARS, R/AT NO.87-88, BELLI BASAVANNA TEMPLE STREET, MAMULPET, BANGALORE – 560 053. LRS OF DEFENDANT NO.1.

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DEEPA GADIYA, DAUGHTER OF LATE CHOUTHMAL H. JAIN, AGED ABOUT 28 YEARS, R/AT.NO.87/88, BELLI BASAVANNA TEMPLE STREET, MAMULPET, BANGALORE – 560 003. LRS OF DEFENDANT NO.1.

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MAHESH C. JAIN, SON OF LATE CHOUTHMAL H. JAIN, AGED ABOUT 25 YEARS, R/AT.NO.87/88, BELLI BASAVANNA TEMPLE STREET, MAMULPET, BANGALORE – 560 053. LRS OF DEFENDANT NO.1.

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5 - NC: 2024:KHC:27298 WP No. 24080 of 2021

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NISHANT C. JAIN, SON OF LATE CHOUTHMAL H. JAIN, AGED ABOUT 19 YEARS, R/AT.NO.87/88, BELLI BASAVANNA TEMPLE STREET, MAMULPET, BANGALORE – 560 003. LRS OF DEFENDANT NO.1.

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NEMICHAND H. JAIN, MAJOR, S/O. LATE RATHNAJI HARAKACHAND, RESIDING AT R.H.PLAZA, NO.87/88, MAMULPET, BANGALORE - 560 002.

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…RESPONDENTS

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(BY SRI. AKASH R RAO., ADVOCATE FOR R1 TO 10; R11 TO 17 SERVED AND UNREPRESENTED)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE XLIII ADDL. CITY CIVIL JUDGE, BANGALORE TO RECONSIDER THE JUDGMENT PRODUCED AT ANNEXURE-C, PASSED IN OS.2654/2000, TO CARRY OUT APPROPRIATE MODIFICATION BY INCORPORATING THE ELABORATE REASONING IN LIGHT OF THE SUPREME COURT JUDGMENT PRODUCED AT ANNEXURE-D. BESIDES REVIEWING THE MOST RECENT DEVELOPMENT IN THE HINDU SUCCESSION LAW AND PASS THE JUDGEMENT ACCORDINGLY AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The present Writ Petition is filed aggrieved by the judgment and decree passed in O.S.No.2654/2000 dated

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NC: 2024:KHC:27298 WP No. 24080 of 2021

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20.04.2017 by the XLIII Addl. City Civil and Sessions Judge, Bangalore.

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Aggrieved by the judgment and decree of the original suit, a Regular First Appeal lies but not the Writ Petition. It is submitted that only they are seeking clarification as per the orders of the Hon’ble Apex Court about the shares of the respective parties. The petitioner can only seek all those things in a regular appeal, but not in the Writ Petition. Accordingly, the following,

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ORDER

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i. The Writ Petition is dismissed as withdrawn .

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ii. All I.As. in the writ petition, if any, shall stand closed.

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SD/JUDGE

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List No.: 1 Sl No.: 44

Savitha Sharma v. Ranjeeta

Case brief

What is this about?

What the court decided

Savitha Sharma v. Ranjeeta

Case brief

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