Karnataka High Court
Smt Sulochana W/O Rajshekhar Indi vs Smt Nirmala W/O Mallikarjun Manvi on 6 February, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:2383
WP No. 102939 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 06TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.102939 OF 2024 (GM-CPC)
BETWEEN:
1. SMT. SULOCHANA W/O. RAJSHEKHAR INDI,
AGE: 79 YEARS, OCC: HOUSEHOLD WORK,
R/O. 14/2, "SHASHI NIVAS" 2ND CROSS,
HOSUR, HUBBALLI-580021, DIST: DHARWAD-580001.
2. RAJENDRA S/O. RAJSHEKHAR INDI,
AGE: 49 YEARS, OCC: BUSINESS,
R/O. 14/2, "SHASHI NIVAS" 2ND CROSS,
HOSUR, HUBBALLI-580021, DIST: DHARWAD-580001.
3. SRI. SHIVANAND S/O. GURUSIDDAPPA INDI,
AGE: 72 YEARS, OCC: BUSINESS,
R/O. ½, BOMMAPUR ONI, HUBLI-580 020.
4. SRI. SHASHIDHAR S/O. GURUSIDDAPPA INDI,
ASHPAK
KASHIMSA
MALAGALADINNI
AGE: 70 YEARS, OCC: BUSINESS,
R/O. 1/2, BOMMAPUR ONI, HUBLI-580 020
Location: HIGH
COURT OF
KARNATAKA 5. M/S. M.G. INDI PETROLEUM DEALERS,
DHARWAD
BENCH KARWAR ROAD, HUBLI-580020
BY ITS PARTNER.
...PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. SMT. NIRMALA W/O. MALLIKARJUN MANVI,
AGE: 65 YEARS, OCC: HOUSEHOLD WORK,
R/O. 8TH CROSS, K.C. RANI ROAD, GADAG-582101.
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WP No. 102939 of 2024
VISHWANATH INDI,
SINCE DEAD BY HIS LR'S.
2. SMT. SUJATA W/O. VISHWANATH INDI,
AGE: 58 YEARS, OCC: HOUSEHOLD WORK,
R/O. L-902, BRIGADE GATEWAY APARTMENTS 26/1,
DR. RAJKUMAR ROAD,
MALLESHWARAM (W), BANGALORE-560 055.
3. SMT. POOJA W/O. DEEPAK BEVINAMAR,
AGE: 34 YEARS, OCC: PRIVATE SERVICE,
R/O. L-902, BRIGADE GATEWAY APARTMENTS 26/1,
DR. RAJKUMAR ROAD, MALLESHWARAM
(W), BANGALORE-560 055.
4. SMT. DIVYA W/O. VIKAS K.B.
AGE: 32 YEARS, OCC: PRIVATE SERVICE,
R/O. L-902, BRIGADE GATEWAY APARTMENTS 26/1,
DR. RAJKUMAR ROAD,
MALLESHWARAM (W), BANGALORE-560 055.
5. SMT. UMA W/O. ISHWAR HUBLI,
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
R/O. Q-06, DIAMOND DISTRICT,
HAL AIRPORT ROAD, BANGALORE-08.
6. SRI. MANJUNATH S/O. RACHAPPA INDI,
AGE: 52 YEARS, OCC: BUSINESS,
R/O. 1-10-45, KALLUR COLONY,
STATION ROAD, RAICHUR, DIST: RAICHUR-584101.
7. SRI. ARVIND JAIDEV MIRAJI,
AGE: 66 YEARS, OCC: SERVICE,
R/O. OM SAINATH SOCIETY, 52/4,
DADABHAI ROAD, LINKING ROAD
EXT. SANTACRUZ (W) GR
MUMBAI-54 MAHARASTRA STATE
8. KUMARI APARANA D/O. ARVIND MIRAJI,
AGE: 28 YEARS, OCC: SERVICE,
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WP No. 102939 of 2024
R/O. OM SAINATH SOCIETY,
52/4, DADABHAI ROAD, LINKING ROAD
EXT. SANTACRUZ (W) GR
MUMBAI-54 MAHARASTRA STATE.
9. SRI. RAVINDRA S/O. MALLIKARJUN INDI,
AGE: 54 YEARS, OCC: SERVICE,
R/O. OM SAINATH SOCIETY,
52/4, DADABHAI ROAD, LINKING ROAD
EXT. SANTACRUZ (W) GR
MUMBAI-54 MAHARASTRA STATE
10. KUM. SUNITA D/O. MALLIKARJUN INDI,
AGE: 49 YEARS, OCC: NOT KNOWN,
R/O. OM SAINATH SOCIETY,
52/4, DADABHAI ROAD, LINKING ROAD
EXT. SANTACRUZ (W) GR
MUMBAI-54 MAHARASTRA STATE.
11. SMT. HEMALATA W/O. BALACHANDRA YELAMELI,
AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
R/O. 14/2, "SHASHI NIVAS" 2ND CROSS,
HOSUR, HUBBALLI-580021, DIST: DHARWAD.
12. SMT. VIDYAVATI W/O. MANJUNATH KURAGUND,
AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
R/O. 14/2, "SHASHI NIVAS" 2ND CROSS,
HOSUR, HUBBALLI-580021, DIST: DHARWAD.
13. SMT. SUMANGALA W/O. SIDDESH J.K.,
AGE: 39 YEARS, OCC: HOUSEHOLD WORK,
R/O. FLAT NO.4204, 4TH BLOCK,
20TH FLOOR, CASA PARADISE SHOBHA CITY,
THANISANDRA, BANGALORE-560077
14. SMT. GEETA W/O. BASAVARAJ INDI,
AGE: 64 YEARS, OCC: BUSINESS,
R/O. 14/3, "SHASHI NIVAS",
2ND CROSS, HOSUR, HUBLI-580 021
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WP No. 102939 of 2024
15. THE SPECIAL LAND ACQUISITION OFFICER,
K.R.D.C.L. RAYAPUR,
1ST FLOOR, K.S.F.C. BUILDING,
P.B. ROAD, RAYAPUR, DHARWAD-580009
16. INDIAN OIL CORPORATION LIMITED,
BY SENIOR DIVISIONAL RETAIL SALES
MANAGER, BELGAUM DIVISIONAL OFFICE,
R/O. KHANAPUR ROAD, TILAKWADI,
BELGAUM-590 006.
...RESPONDENTS
(BY SRI. DINESH M.KULKARNI, ADVOCATE FOR R1;
NOTICE TO R16 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED ORDER DATED 25.05.2023
PASSED ON I.A NO.7 WHICH IS PRODUCED AT ANNEXURE-G AND
ALSO THE ORDER DATED 01.03.2024 WHICH IS PRODUCED AT
ANNEXURE-H PASSED BY THE SENIOR CIVIL JUDGE AND JMFC,
HUBBALLI IN FDP NO.14/2022, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION IS COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioners are before this Court seeking for
the following reliefs:
a. Issue a writ of certiorari quashing the impugned
order dated 25.05.2023 passed on I.A No.7 which
is produced at Annexure-G and also the order
dated 01.03.2024 which is produced at Annexure-
H passed by the Senior Civil Judge and JMFC,
Hubballi in FDP No.14/2022.
.
NC: 2025:KHC-D:2383
b. Pass such other judgment, decree or order as
deemed fit in the interest of justice and equity.
2. The grievance of the petitioners is that in the suit
in O.S.No.96 of 2015, issue No.5 having been
framed to ascertain if the plaintiff is entitled for
mesne profits, if so, at what rate and from which
date, having been rejected vide judgment dated
17.11.2021. The trial Court could not have
appointed a charted accountant to ascertain annual
net profits of the petrol bunk business, which will
amount to enquiry in mesne profits.
3. Shri Dinesh Kulkarni., learned counsel appearing
for respondent No.1 submits that vide aforesaid
judgment, respondent No.1 also being held to be
entitled to 1/7th share and the suit property being
described as petrol bunk business, there would be
a need to ascertain the annual net profits of the
petrol bunk and the appointment of chartered
accountant is proper.
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4. Having gone through the judgment of the trial
Court, the trial Court has directed partition of the
immovable properties but however, has denied
mesne profits. The mesne profits could not only be
as regards rentals to the other properties but also
as regards the profits earned from the petrol bunk
business.
5. The same having been rejected and respondent
No.1 having filed a cross-appeal until any orders is
passed in favour of respondent No.1 in those
proceeding, the chartered accountant as a
Commissioner could not have been appointed to
ascertain the net profits of the petrol bunk
business.
6. In that view of the matter, I pass the following:
ORDER
i) Writ petition is allowed.
NC: 2025:KHC-D:2383
ii) The order dated 25.05.2023 passed in FDP
No.14/2022 insofar as appointment of chartered
accountant as Court Commissioner, is set-aside.
iii) Liberty is however reserved to respondent No.1 to
move the Court seized of the first appeal to seek
for such reliefs' in respect to the petrol bunk
business as may be advised.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
AM/-
