Smt. M B Vanamala vs Master Vihaan Raghav
2026 Latest Caselaw 2548 Kant

Karnataka High Court

Smt. M B Vanamala vs Master Vihaan Raghav on 23 March, 2026

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                                                         NC: 2026:KHC:16341
                                                         CP No. 429 of 2025


                  HC-KAR




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 23RD DAY OF MARCH, 2026

                                          BEFORE
                           THE HON'BLE MRS. JUSTICE P SREE SUDHA
                               CIVIL PETITION NO. 429 OF 2025
                 BETWEEN:
                 SMT. M B VANAMALA
                 AGED ABOUT 77 YEARS,
                 W/O LATE SRI D.L. LAXMANA GOWDA,
                 RESIDING AT MADABUR,
                 MADABUR POST, N R PURA TAUK
                 CHIKKAMAGALURU-577 134.
                                                             ...PETITIONER
                 (BY SRI. AURNA SHYAM, SENIOR COUNSEL FOR
                  SRI. GNANESH H KEMPANNA., ADVOCATES)

                 AND:

                 1.    MASTER VIHAAN RAGHAV
                       S/O LATE RAGHAV LAXMANA GOWDA
Digitally signed       AGED ABOUT 11 YEARS,
by                     REP. BY HIS MOTHER AND
PADMASHREE             NATURAL GUARDIN
SHEKHAR DESAI
                       SMT SHARANYA B R
Location: High
Court of
Karnataka        2.    SMT SHARANYA B R
                       AGED ABOUT 40 YEARS
                       W/O LATE RAGHAVA LAXMANA GOWDA
                       BOTH RESPONDENT NO.1 AND 2

ARE RESIDING AT NO.D-212 (II FLOOR) JORDINE BLOCK, BRIGADE GARDANA R.B.I LAYOUT, J P NAGAR, 7TH PHASE BENGALURU-560 078.

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3. MRS SINDHU PRUTHIV DABBANGADDE W/O PRUTHVI D S AGED ABOUT 48 YEARS, R/A B-1, 1402, WATERILY SHANTHIGRAM, GANDHINAGAR, GUJARAT-382 501 ...RESPONDENTS (BY SRI. R.S. RAVI, SENIOR COUNSEL FOR SRI. G. NAGARAJULU NAIDU, ADVOCATE FOR R1 AND R2)

THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER OS NO.8124/2024, PENDING ON THE FILE OF THE HONBLE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-27), TO THE HONBLE SENIOR CIVIL JUDGE AND JMFC, (NARASHIMARAJAPURA (N.R.PURA) CHIKKAMAGALURU DISTICT.

THIS PETITION HAVING BEEN HEARD AND RESERVED ON 17.03.2026 COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

CAV ORDER

This transfer petition is filed by the petitioner

against respondent Nos.1/daughter-in-law and

respondent No.2/grandson and also her daughter

(respondent No.3) for transfer of O.S.No.8124/2024,

pending on the file of XII Addl. City Civil and Sessions

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Judge, Bengaluru to the Senior Civil Judge and JMFC,

Narashimarajapura (N.R.Pura), Chikkamagalur District.

2. It is submitted by the learned counsel for the

petitioner that she is a senior citizen suffering from age-

related ailments and health difficulties. She resides in

Madabur Village within N.R.Pura taluk of Chikkamagaluru.

She has no other person to accompany her during her

travel to Bangalore and frequent travel causes physical,

financial and logistical hardships and that the distance

from NR pura to Bangalore is 310 kilometers.

3. Out of 18 properties filed in the suit, except

residential flat at Bangalore, wherein respondent Nos.1

and 2 resides, and a residential site at Shivamogga, the

other 16 properties are situated within the jurisdiction of

NR Pura Taluk and within the territorial limits of NR Pura

courts. All movables properties, such as agricultural

implements, vehicles, household movables,

shop/commercial movables are also situated in NR Pura

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and it is convenient to produce them for verification

before NR Pura Taluk courts. Further, all relevant bank

documents, passbooks, financial documents relating to

joint family properties are maintained in the banks

located in NR Pura, as the financial nucleus of the

family is sheltered there. Further, witnesses such as

revenue officials, neighbours, members of the

community, and other material witnesses who have

knowledge of the facts of the case, as well as the

respondent's paternal family, are all residents of N.R.

Pura, therefore, requested for transfer of this petition.

Further stated that CC No. 467/2024 and CC No.

458/2024 are the private complaints filed by respondent

No.2, at NR pura and that they are pending before Civil

Judge and JMFC, NR Pura. Therefore, requested for

transfer of OS No.8124/2024 from XII Additional City Civil

and Sessions Judge, Bangalore to Senior Civil Judge and

JMFC, Narashimarajapura, Chikkamagaluru district.

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4. In the objection filed by the respondent, it is

stated that she was working as a Software Engineer at

Infosys and was married to Raghava M.L., on 26.10.2009.

Out of the said wedlock, a son was born on 05.12.2013.

She resigned from her job in March 2020 in order to take

care of her son and his education. The husband of

respondent No.1 namely Raghava M.L., was suffering

from blood cancer and he died intestate on 06.03.2023,

at that time he was drawing a salary of Rs.69 lakhs per

annum. It is further stated that her father-in-law also

passed away on 26.12.2022. Her father is a retired

employee, without pension and he has no other source of

income, other than the income from his terminal benefits.

5. Respondent No.3 is the sister-in-law of

respondent No,2. It is stated that her mother-in-law and

sister-in-law in collusion had transferred Rs.82 lakhs

which was in the name of her husband to the account of

respondent No.3. It is further stated that they changed

the nomination forms in respect of fixed deposits which

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were in the name of her husband for a sum of

Rs.21,55,940/- in Canara Bank, NR Pura Taluk and the

said amount was thereafter transferred to the account of

respondent No.3. It is further stated that the petitioner

and respondent No.3, without her knowledge had

obtained the signature of her husband and opened an

account in Bank of Baroda, NR Pura, prior to his death. It

is alleged that her father-in-law had deposited a sum of

Rs.11,02,476/- in the name of her husband in the said

bank, and the amount was also subsequently transferred

to the account of respondent No.3 and her name was

shown as nominee.

6. It is further contended that respondent No.2 was

not permitted to receive service benefits of her husband.

Though respondent nos.1 and 2 had agreed to pay one-

third of the service benefits to the petitioner, the same

has not been complied with. As such, they are facing

financial hardship and are depending upon retired father,

who has no pension and income. t is further stated that

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they have filed PCR No. 61/2024 on 02.02.2022. The

petitioner has filed Misc No.349/2025 seeking transfer of

OS No.8124/2024 to court where other connected suits

are also pending.

7. Initially they filed for transfer of the OS

No.8124/2024 pending on the file of CCH-13 which was

withdrawn and transferred to CCH-27 wherein P&SC

Nos.220/2023 and 601/2023 were disposed of on

02.06.2025. Aggrieved by the said order, respondent

Nos.1 and 2 preferred WP.No.18962/2025 which was

disposed of on 14.07.2025 with a direction to consider

the matters independently. Respondent No.2 lodged two

complaints on 09.06.2024 and 10.06.2024 before NR

Pura Police Station, against the present petitioner,

respondent No.3 and the concerned bank officials. The

respondent No.2 also filed another private complaint

against the petitioner and respondent No.3 and the

concerned bank officials the said complaint was registered

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as PCR No.62/2024 dated 08.07.2024 and the trial court

took cognizance and passed order dated 08.07.2024 to

register criminal case against the accused persons and

issue summons to the accused.

8. Respondent No.3 filed a civil suit and also a

criminal case against respondent No.2 against the editor

of the newspaper at Ahmadabad and sought decree of

permanent injunction against defendants and also sought

damage of Rs.10 crores . The trial court at Ahmadabad

had rejected the application on 09.10.2024.

9. In the meanwhile, respondent No.2 along with

minor son filed a suit for partition of the family

properties. Further, the petitioner and respondent No.3

filed Crl.P.No.8055/2024 in C.C.No.467/2024 and

Crl.P.no.8072/2024 in C.C.No.458/2024 and they are

pending before the High Court of Karnataka.

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10. The respondent No.1 filed transfer petition

(Civil) No.771/2025 and transfer petitioner (Criminal)

No.254/2025 for transfer of the cases filed at Ahmedabad

to the competent courts at Bangalore before the Hon'ble

Supreme Court and Hon'ble Apex court vide its order

dated 17.12.2025 allowed and transferred the cases to

Karnataka High Court. It is further stated that the

petitioner is a senior politician and an very influential

person and she is trying to grab the property in collusion

with her daughter. It is contended that, in such

circumstances, the respondent would not be in a position

to effectively defend the civil suit for partition before the

Courts at N.R. Pura.

11. It is stated that the petitioner is hale and

healthy and had recently travelled to Malaysia and

Singapore along with her relatives and friends. It is

further stated that she regularly visits to Bengaluru to

attend party meetings. Respondent son is studying in 6th

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Standard at Kumaran's Child Home. It is alleged that the

petitioner and respondent No.3 are not allowing them to

enter in the house constructed by her husband at NR Pura

and that the petitioner is not paying proceeds accrued

from the income of the joint property and is attempting to

grab the property in collusion with her daughter. The

petitioner stated that she has no friends and relatives to

assist her in Bangalore. However, it is contended that she

owns three cars, including the car purchased by the

husband of respondent No.2. It is further stated that she

possess approximately 15 acres of a areca nut plantation

and has substantial deposits, indicating that she has

sufficient independent sources of income. It is contended

that petitioner need not personally appear before the

court and can take the assistance of her advocates and

also can appear through video conferencing. Hence,

requested to dismiss the application.

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12. Respondent herein is wife of Raghava M.L., and

is presently residing with her three-year-old son at her

parental home. It is stated that her father is retired and

has no pension and has no other source of income.

13. On the other hand, the petitioner is stated to be

a political leader and an influential person. There is no

material on record to establish that she is unable to travel

from N.R. Pura to Bengaluru. On the contrary, respondent

stated that she frequently travels to Bengaluru to attend

party meetings and she has financial source of income

and she is influential person.

14. In view of the above averments, this court finds

that the petitioner in collusion with her daughter and son-

in-law are trying to trouble respondent Nos.1 and 2.

Further, if the case is transferred to her native place i.,e

N.R.Pura, there is no possibility of conducting fair trial at

that place. Accordingly, this Court finds that the transfer

petition is devoid of merit and is liable to be dismissed.

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15. However, considering her age, she is at liberty

to file chief affidavit for marking of documents and cross

examination can be done through Commissioner or

through video conferencing at her place of choice.

16. It is brought to the notice that out of 18

properties, 16 properties are located in N.R. Pura, which

has no relevance for this case.

Therefore, this petition is dismissed.

Sd/-

(P SREE SUDHA) JUDGE

AKV CT:NR