Karnataka High Court
Sri. Vijayakumar R. Mehta vs Sri. Narendra P. Shah on 27 May, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:17690
MSA No. 40 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
MISCELLANEOUS SECOND APPEAL NO.40 OF 2023 (RO)
BETWEEN:
1. SRI. VIJAYAKUMAR R. MEHTA,
S/O. LATE RAMNIKLAL M. MEHTA,
AGED ABOUT 72 YEARS,
EX-PARTNER,
THE STAR ALUMINIUM WORKS,
RESIDING AT NO. 2869, 5TH MAIN,
V.V. PURAM, MYSORE - 570 002.
2. KALPESH. V. MEHTA,
S/O. VIJAYKUMAR R. MEHTA,
AGED ABOUT 46 YEARS,
EX-PARTNER,
THE STAR ALUMINIUM WORKS,
RESIDING AT NO.2869, 5TH MAIN,
V.V. PURAM, MYSORE - 570 002.
3. MADHUBALA R. JOSHI,
D/O. LATE RAMNIKLAL M. MEHTA,
AGED ABOUT 68 YEARS,
RESIDING AT NO.2869, 5TH MAIN,
V.V. PURAM, MYSORE - 570 002.
4. DHIRENDRAKUMAR R. MEHTA,
Digitally signed by
GURURAJ D S/O. LATE RAMNIKLAL M. MEHTA,
AGED ABOUT 60 YEARS,
Location: High
Court of RESIDING AT NO.2869, 5TH MAIN,
Karnataka V.V. PURAM, MYSORE - 570 002.
...APPELLANTS
(BY SRI PRITHVEESH M K., ADVOCATE)
AND:
1. SRI. NARENDRA P. SHAH,
S/O. LATE SHAH PASVIR LALCHAND,
AGED ABOUT 78 YEARS,
EX-PARTNER,
THE STAR ALUMINIUM WORKS,
RESIDING AT NO.590, IV MAIN,
GOKULAM III STAGE, MYSORE - 570 002.
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MSA No. 40 of 2023
2. MALINI. C. SHAH,
W/O. LATE CHANDRAKANTH P. SHAH,
AGED ABOUT 70 YEARS,
RESIDING AT NO.39, 1ST CROSS,
JAYALAKSHMIPURAM, MYSORE - 570 012.
3. MITESH C. SHAH,
S/O. LATE CHANDRAKANTH P. SHAH,
AGED ABOUT 47 YEARS,
RESIDING AT NO.39, 1ST CROSS,
JAYALAKSHMIPURAM, MYSORE - 570 012.
4. NIRAL C. SHAH,
S/O. LATE CHANDRAKANTH P. SHAH,
AGED ABOUT 40 YEARS,
RESIDING AT NO.39, 1ST CROSS,
JAYALAKSHMIPURAM, MYSORE - 570 012.
5. GAYATRI. S. MEHTA,
W/O. SHAILESH MEHTA,
D/O. RAMNIKLAL MEHTA,
AGED ABOUT 63 YEARS,
RESIDING AT NO.2817,
12TH MAIN ROAD, 'D' BLOCK,
RAJAJINAGAR, BANGALORE - 560 044.
6. SHEETAL K. TRIVEDI,
D/O. KUMUDRAI R. TRIVEDI,
AGED ABOUT 50 YEARS,
RESIDING AT NO.143,
BISULUMARAMMA TEMPLE ROAD,
GANGOTHRI LAYOUT, MYSURU - 570 006.
7. KUMUDRAI R. TRIVEDI,
S/O. LATE RANCHODAS TRIVEDI,
AGED ABOUT 81 YEARS,
RESIDING AT NO.143,
BISULUMARAMMA TEMPLE ROAD,
GANGOTHRI LAYOUT, MYSURU - 570 006.
...RESPONDENTS
(BY SRI SANTHOSH NARAYAN S., ADVOCATE FOR C/R1, R6 & R7)
THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 17.12.2022 PASSED
IN RA No.263/2020 (OLD RA No.44/2020) ON THE FILE OF THE
PRINCIPAL DISTRICT AND SESSIONS JUDGE, MYSURU, ALLOWING
THE APPEAL AND SETTING ASIDE THE ORDER DATED 23.01.2020
PASSED ON I.A.No.1 IN OS No.920/2016 ON THE FILE OF THE X
ADDITIONAL I CIVIL JUDGE AND JMFC, MYSORE, DIRECTING THE
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MSA No. 40 of 2023
TRIAL COURT TO TAKE THE MATTER ON BOARD FROM THE STAGE AT
WHICH THE PLAINT WAS REJECTED.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Challenging judgment and decree dated 17.12.2022
passed in R.A.no.44/2020 (Re-numbered as R.A.no.263/2020)
on file of Principal District and Sessions Judge, Mysore, this
appeal is filed.
2. After urging various contentions against impugned
order and during course of submission, learned counsel for
respondents pointed out that application for amendment of
plaint filed by respondents was allowed and specific prayer
seeking declaration that Will dated 30.01.2008 as null and void
and outcome of forgery and deceit was allowed and said prayer
was added as prayer (A), learned counsel for appellants
submitted that instead of pursuing appeal, appellants intend to
file a fresh application under Order VII Rule 11(d) to contend
that suit was barred by limitation. Learned counsel further
submitted that since there was no such prayer earlier, said
ground could not be urged and was not considered by Courts
under orders impugned herein.
NC: 2024:KHC:17690
3. Learned counsel for respondents would oppose said
submission.
4. Taking note of submission, appeal is disposed of. In
case, appellants file application, trial Court would be required to
consider maintainability of such application and pass
appropriate orders thereon.
In view of disposal of appeal, pending applications are
also disposed of.
Sd/-
JUDGE
GRD
