Mrs B P Madhuritha Vs Mr Suresh Madhavahegde — Writ and Judicial Review | Karnataka HC (2026)

Mrs B P Madhuritha Vs Mr Suresh Madhavahegde — Writ and Judicial Review | Karnataka HC (2026)

1 - NC: 2026:KHC:29200 W.P. No.2914/2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO.2914/2023 (GM-CPC)

BETWEEN:

MRS. B.P. MADHURITHA D/O LATE B.P. DINAKAR AGED ABOUT 49 YEARS R/AT. RAJGHAR, ASHOKNAGAR MANGALORE - 06.

MRS. SANCHITHA D/O LATE B.P. DINAKAR AGED ABOUT 45 YEARS R/AT ‘SRI LALITE’ HOIHEBAIL ASHOKNAGAR, MANGALORE - 06.

Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

MRS. NIVEDITHA D/O LATE B.P. DINAKAR AGED ABOUT 47 YEARS R/AT. GANADABETTU, BAJAL POST MANGALURU – 06.

MR. B.P. DIVYARITHA D/O LATE B.P. DINAKAR AGED ABOUT 43 YEARS R/AT ‘RAJGHAR’ ASHOKNAGAR, MANGALORE - 06.

MR. B.P. GAUTHAM S/O LATE B.P. DINAKAR AGED ABOUT 41 YEARS R/AT ‘RAJGHAR’ ASHOKNAGAR, MANGALORE - 06.

2 -

NC: 2026:KHC:29200 W.P. No.2914/2023

HC-KAR

MRS. PALLAVI D/O LATE B.P. DINAKAR AGED ABOUT 36 YEARS R/A SONA RESIDENCY ADU MAROLI , MANGALORE-575005.

MRS. SHWETHA D/O LATE B.P. DINAKAR AGED ABOUT 37 YEARS R/AT ‘RAJGHAR’ ASHOKNAGAR, MANGALORE - 06. …PETITIONERS

(BY SMT. AKSHATHA SHETTY K, ADV.,)

AND:

MR. SURESH MADHAVAHEGDE S/O MADHAVAHEGDE AGED ABOUT 62 YEARS C/O TRINITY HOUSE FLAT NO 5/B, KURESHI NAGAR KURLA (E), MUMBAI 400070 REP. BY HIS GPA HOLDER MR. K.V. RAO S/O BHUJANGA RAO, AGED ABOUT 68 YEARS 702 LABHA SRUSTI 123, V C ROAD, VIRLEPARLE (W) MUMBAI - 400056.

MRS. NUTHAN V. RAO W/O K.V. RAO AGED ABOUT 61 YEARS R/A 702, LABHA SRUSTI, 123 V C ROAD, VIRLE PARLE (w) MUMBAI - 400056.

3 - NC: 2026:KHC:29200 W.P. No.2914/2023

HC-KAR

MR. B.P. JAYAKAR (SINCE DEAD) REP. BY HIS LR’S

MRS. KAUSALYA JAYAKAR W/O LATE B.P. JAYAKAR AGED ABOUT 69 YEARS R/AT P -115, 7TH MAIN SECTOR 10, LIC COLONY JEEVAN BHEEMA NAGAR BANGALORE-560066.

M. DHEERESH CHANDRA S/O LATE B.P. JAYAKAR AGED ABOUT 48 YEARS R/AT P -115, 7TH MAIN SECTOR 10, LIC COLONY JEEVAN BHEEMA NAGAR BANGALORE-560066.

MR. JEETHAN CHANDRA S/O LATE B.P. JAYAKAR AGED ABOUT 44 YEARS R/A P -115, 7TH MAIN SECTOR 10, LIC COLONY JEEVAN BHEEMA NAGAR BANGALORE-560066.

MR. ATUL CHANDRA S/O LATE B.P. JAYAKAR AGED ABOUT 39 YEARS R/A P -115, 7TH MAIN SECTOR 10, LIC COLONY JEEVAN BHEEMA NAGAR BANGALORE-560066.

…RESPONDENTS

THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SALE CERTIFICATE DTD 29/09/2022 VIDE ANNEXURE-A ISSUED AS

4 -

NC: 2026:KHC:29200 W.P. No.2914/2023

HC-KAR

PER ORDER DTD 21/09/2022 VIDE ANNEXURE-C BY THE HON’BLE II ADDL SENIOR CIVIL JUDGE AND CJM, MANGALORE & ETC.

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

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

Learned counsel for the petitioners submits that the petitioners were objectors in the execution proceedings and had challenged the sale certificate dated 29.09.2022 and the order dated 21.09.2022 passed by the II Additional Senior Civil Judge and CJM, Mangalore on the ground that despite an order of stay granted by this Court in MFA.No.8904/2019, the Execution Court proceeded with the execution proceedings and issued the sale certificate. It is further submitted that a suit for partition filed by the family members has now reached before the Hon'ble Supreme Court in SLP.No.19159/2024.

Learned counsel for the petitioners submits that the petitioners may be permitted to withdraw the present writ petition, reserving liberty to initiate fresh proceedings, if need so arises, after the disposal of the aforesaid SLP. She further

5 -

NC: 2026:KHC:29200 W.P. No.2914/2023

HC-KAR

submits that there is an interim order of status quo granted in the said proceedings.

Her submission is placed on record.

In view of the aforesaid submissions, the writ

petition is disposed of, without expressing any opinion on the merits of the case, with liberty to the petitioners to file a fresh petition after the disposal of the SLP, if the need so arises.

Sd/(VIJAYKUMAR A. PATIL) JUDGE

ABK

List No.: 2 Sl No.: 6