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Dr Ashok Shroff Son of Late L K Shroff v. Smt. Banadevi,@ Radha K.

Karnataka HC10 Mar 2025WP/200365/2025

Case brief

AI extract

What is this about?

Karnataka HC Kalaburagi, WP 200365/2025 (GM-CPC), Anant Ramanath Hegde J, 10-03-2025: Article 227 direction to Raichur trial court for expeditious disposal of I.A.No.6 in FDP No.1/2018 seeking public auction of indivisible property; preliminary decree 20.04.2016; application dated 08.02.2023 (Annexure-D); related 2013 application (Annexure-B) undisposed; respondents to be heard; no merits expressed; contentions open.

What did the court decide?

Direction to the trial court (Court of the Hon'ble 1st Additional Senior Civil Judge and JMFC at Raichur) to dispose of the said application (I.A.No.6 in FDP No.1/2018 seeking public auction) on merits, expeditiously, after hearing the respondents; nothing expressed on merits and all contentions kept open. ¶40

Dr Ashok Shroff Son of Late L K Shroff Vs Smt… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the trial court (1st Additional Senior Civil Judge and JMFC, Raichur) should be directed to dispose of I.A.No.6 in FDP No.1/2018, which seeks that the property in the final decree proceedings be put to public auction, expeditiously.

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Court's answer

The trial court is directed to dispose of the said application (I.A.No.6 in FDP No.1/2018 seeking public auction) on merits, expeditiously.

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Ratio / Principle

While disposing of the said application, the respondents shall also be heard.

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Key takeaways

This court has expressed nothing on the merits of the said application.obiter¶41
All contentions are kept open.obiter¶42
The respondents were not heard while passing this order; if aggrieved by this order, they are at liberty to move the court.obiter¶45

Detailed headnote1 paragraphs

Writ petition under Article 227 of the Constitution of India filed by Dr. Ashok Shroff seeking a direction to the Court of the Hon'ble 1st Additional Senior Civil Judge and JMFC at Raichur to dispose of I.A.No.6 in FDP No.1/2018 (Annexure-D, dated 08.02.2023), which seeks that the property involved in the final decree proceedings — wherein a preliminary decree was passed on 20.04.2016 — be put to public auction on the ground that it is incapable of division. The High Court (Anant Ramanath Hegde, J.) noted that the respondents were not yet served, that no relief was sought against them, and that records showed another application filed in 2013 (Annexure-B) also remained undisposed. The Court directed the trial court to dispose of the said application on merits expeditiously, clarified that it expressed nothing on the merits, kept all contentions open, required the respondents to be heard during disposal, and reserved to unserved respondents the liberty to move the court if aggrieved.

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1 - NC: 2025:KHC-K:1542 WP No. 200365 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 10^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO.200365 OF 2025 (GM-CPC)

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BETWEEN:

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DR. ASHOK SHROFF S/O LATE L.K. SHROFF, AGED ABOUT 74 YEARS, OCC: RETIRED MECIDAL OFFICER, KARNATAKA HEALTH SERVICE, RESIDING AT D NO.25, 15^TH MAIN, M.C. LAYOUT, VIJAYANAGARA, BENGALURU-560 040.

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…PETITIONER

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(BY SRI N. RAGHUBABU AND SRI. K.C. PRAVEEN, ADVOCATES)

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AND:

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Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA

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SMT. BANADEVI @ RADHA K. W/O B.J. KULKARNI, AGED ABOUT 64 YEARS, OCC: HOUSE HOLD WORK, RESIDING AT NO.58, 1^ST CROSS, LEFT CURVE, RANUKACHARYANAGAR, BELLARY (DIST)-583 101.

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SMT. PADMAVATHI M. SHROFF W/O M.L. SHROFF, AGED ABOUT 69 YEARS, OCC: HOUSEHOLD WORK RESIDING AT H. NO.7-5-154/205, JAWAHAR NAGAR, RAICHUR-584 103.

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SMT. SUNITHA W/O RAJAGOPAL J.N., D/O M.L. SHROFF, AGED ABOUT 49 YEARS, OCC: HOUSE HOLD WORK, RESIDING AT H.NO.4-4-250/79, SATAYANATHA COLONY, RAICHUR-584 103.

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2 - NC: 2025:KHC-K:1542 WP No. 200365 of 2025

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SRI. LAKSHMANNA SHROFF S/O LATE M.L. SHROFF, AGED ABOUT 47 YEARS, OCC: BUSINESS, RESIDING AT H. NO.7-5-154/205, JAWAHAR NAGAR, RAICHUR-584 103.

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SRI. SATHISH S/O LATE M.L. SHROFF, AGED ABOUT 44 YEARS, OCC: BUSINESS, RESIDING AT H. NO.7-5-154/205, JAWAHAR NAGAR, RAICHUR-584 103.

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SRI. VIJAYAKUMAR SHROFF S/O LATE L.K. SHROFF, SINCE DEAD BY LRS,

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6(A) SMT. SARASWATHI SHROFF W/O LATE L.K. SHROFF, AGED ABOUT 68 YEARS,

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6(B) SRI. SHAMIK SHROFF S/O VIJAYAKUMAR SHROFF, AGED ABOUT 45 YEARS,

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6(C) MRS. SHAMA SHROFF D/O VIJAYAKUMAR SHROFF, AGED ABOUT 35 YEARS,

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LRS OF PETITIONER NO.1 (A) TO 1(C) ARE RESIDING AT NO. 15^TH WARD, 1^ST CROSS, NEW AMARAVATHI HOSPET CITY, BELLARY DISTRICT-583201.

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SRI. RAGHAVENDRA SHROFF S/O LATE L.K. SHROFF, AGED ABOUT 56 YEARS, OCC: NIL, RESIDING AT C/O RAGHAVENDRA SWAMY MUTTA, OPP. SADHANA TEXTILE, CAR STREET, BELLARY-583 101.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS A WRIT OF MANDAMUS OR ANY OTHER WRIT THEREBY DIRECTING THE A) THE COURT OF THE HONO’BLE 1^ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT RAICHUR TO DISPOSE OF THE I.A NO. 6

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3 - NC: 2025:KHC-K:1542 WP No. 200365 of 2025

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FILED N FDP NO.1/2018 SEEKING TO PUT THE PROPERTY IN PUBLIC AUCTION WHICH IS FILED AT ANNEXURE-D TO THIS WRIT PETITION AS EARLY AS POSSIBLE BY FIXING THE TIME FOR DISPOSAL OF THE SAME.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

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This writ petition is filed with a prayer before the trial court to dispose of I.A.No.6 in FDP No.1/2018 seeking to put the property in public auction. The said application is marked at Annexure-D.

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It is noticed that in terms of Annexure-D the petitioner has contended that the property involved in the final decree proceedings is incapable of division and as such the property is to be auctioned. The said application is dated 08.02.2023. It is also noticed that preliminary decree was passed on 20.04.2016.

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It is noticed that the respondents in the petition are

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not yet served. However, the petitioner has not sought any

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4 - NC: 2025:KHC-K:1542 WP No. 200365 of 2025

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relief against the respondents. The records produced before this court would also indicate that the application is filed in the year 2013 and same is marked at Annexure-B and not yet disposed of.

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