IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.295/2019 (GM-CPC)

BETWEEN:

SRI ASHOK KUMAR, AGED ABOUG 50 YEARS, SON OF SRI SOHANLAL, RESIDING AT NO.24/7, 2^ND FLOOR, TRUPTI APARTMENTS, JAIN TEMPLE STREET, VIVESHWARAPURAM, BENGALURU - 560 004.

…PETITIONER (BY SRI.V.B.SHIVAKUMAR, ADVOCATE)

AND:

1. SRI TEJRAJ JAIN, MAJOR BY AGE, SON OF SOHANLAL, M/S. M.P.SALES CORPORATION, NO.B/2, 1^ST FLOOR, S.P.MARKET, A.M.LANE, CHICKPET CROSS, BENGALURU - 560 053.

2. SRI SURESH KUMAR, MAJOR BY AGE, SON OF MISRIMALJI, M/S. MANAS GARMENTS, NO.757/1, GROUND FLOOR, JHINGADE MARKET, CHICKPET, BENGALURU - 560 053.

3. SRI MANOJ KUMAR, MAJOR BY AGE, SON OF SOHANLAL, M/S. M.P.SALES CORPORATION, NO.B/2, 1^ST FLOOR, S.P.MARKET, A.M.LANE, CHICKPET CROSS, BENGALURU - 560 053.

4. SRI SOHANLAL, MAJOR BY AGE, SON OF PUKHRAJJI, M/S. M.P.TEXTILES, NO.102, A.M.LANE, CHICKPET CROSS, BENGALURU - 560 053.

SINCE DECEASED BY HIS LRS

4A. SMT. MEENA KUMARI, AGED ABOUT 55 YEARS, D/O. LATE SOHANLAL, WIFE OF SRI BHARAT KUMAR SANCHETI, NO.12, 4^TH FLOOR, ROHINI APARTMENT, RRT ROAD, MULUND (WEST), MUMBAI - 500 080.

MAHARASHTRA

4B. SMT. KIRAN JAIN, AGED ABOUT 52 YEARS, D/O. LATE SOHANLAL, WIFE OF SRI HASMUKHLAL JAIN, NO.204 B, 2^ND FLOOR, JAI APARTMENT, NEHRU ROAD, SANTACRUZ (EAST), MUMBAI - 500 055, MAHARASHTRA

4C. SMT. USHA DAGA, AGED ABOUT 41 YEARS, WIFE OF SRI PRAVEEN KUMAR DAGA, NO.8/5, "LEELA", CHANDRASHEKAR LAYOUT, RANGA RAO ROAD CROSS, BULL TEMPLE ROAD, SHANKARAPURAM, BENGALURU - 560 004.

5. SRI NITIN KUMAR T.JAIN, AGED ABOUT 33 YEARS, SON OF TEJRAJ JAIN, NO.23, MALLIKARJUNA TEMPLE STREET, NETTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU - 560 004.

6. SRI KAMALESH KUMAR, AGED ABOUT 33 YEARS, SON OF TEJRAJ JAIN, NO.23, MALLIKARJUNA TEMPLE STREET, NETTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU - 560 004.

…RESPONDENTS (BY SRI.MANJUNATHA H, ADVOCATE FOR SRI.SAKET BISANI ADVOCATE FOR R1 TO 3, 5 AND 6 R4(B) AND (C) ARE SERVED AND UNREPRESENTED R4(A) IS H/S V/O. DTD 01.02.2021)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.12.2018, PASSED IN O.S.NO.3260/2013 PENDING ON THE FILE OF XX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU, CCH.NO. 32 AND I.A.NO.III VIDE ANNEXURE A.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 08.09.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER

This Writ Petition has been filed seeking to quash the order dated 10.12.2018 on I.A No. III filed under section 34 of Karnataka Stamp Act, 1957 read with Section 49 of the Indian Registration Act seeking the impounding of document dated 04.06.1998 passed by XX Additional City Civil and Sessions Judge, at Bengaluru in O.S.No.

3260/2013.

2. The Petitioner herein is the plaintiff before the Trial Court and Respondents no.1 to 3 are defendants no. 1 to 3 respectively before the trial court. Respondents 4 to 6 herein are the Defendants 4(a) to (c) respectively before the trial court. Respondents 7 and 8 herein are the defendants no. 5 and 6 respectively before the trial court.

3. The facts of the case are as follows:

The Plaintiff filed the O.S.No. 3260/2013 against the defendants for relief of partition and separate possession of his 1/5^th share and for determination of mesne profits. Petitioner is the son of 4^th respondent herein and 4^th Respondent had established a business along with petitioner and the business was Hindu Undivided Joint Family Business and the business was into sale of fabric garments.

On filing the suit for partition, Respondent filed a written statement and counter claim and while asserting the counter claim averred that there is oral partition and that the petitioner has relinquished his right in respect of the property on alleged consideration of Rs.2,78,842/- and the said relinquishment deed is the subject matter of the written statement supported by