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2025 Supreme(Online)(Kar) 18083

KARNATAKA HIGH COURT
M.NAGAPRASANNA, J
SMT.PARVATHAMMA W/O LATE SIDDAGANGAPPA – Appellant
Versus
SMT.SHYLAJA W/O LATE BASAVARAJAIAH – Respondent


Advocates:
For the Appellants/Petitioners: SRI VISWANATH SABARAD
For the Respondents: SRI M.S.RAJENDRA, SRI VIVEK HOLLA, SMT.SHILPA SHAH

Table of Content
1. petition filed for writ of certiorari. (Para 1 , 2)
2. petitioners argue entitlement to compensation as joint family members. (Para 3 , 4)
3. opposing party presents release deed affecting claims. (Para 5 , 6)
4. compensation disbursement must await civil suit resolution. (Para 7 , 8)
5. case disposed with observations regarding compensation. (Para 9)

ORAL ORDER

“a) Pass writ certiorari quashing the impugned order dt.29-7-2024 bearing No.LAQ/NHAI/NH- 48/CR/05/23-24 passed by 13th Respondent, produced as ANNEXURE-G and G-1.

2. Heard Sri Viswanath Sabarad, learned counsel appearing for petitioners, Sri M S Rajendra, learned counsel appearing for respondents 1, 2, 4 to 12 and Smt Shilpa Shah, learned counsel appearing for respondent No.13.

4. The learned counsel for petitioners Sri Viswanath Sabarad submits that the compensation is determined in the year 2024 and the suit had been instituted way back in the year 2019 i.e., O.S.No.449 of 2019. He would submit that the petitioners are also entitled to the compensation amount as being the joint family members who have deliberately been given up at the first instance when partition was arrived at between the family members.

6.

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