H.BILLAPPA
Srinivasa – Appellant
Versus
Huchappa – Respondent
1. In this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question, the order dated 4-1-2013, passed by the Principal Civil Judge, Gubbi, in O.S. No. 149 of 2003 vide Annexure-D.
2. By the impugned order at Annexure-D, the Trial Court has permitted the respondent to mark unregistered Panchayathi Palparikath ya Kararu Patra dated 21-9-1982.
3. Aggrieved by that, the petitioner has filed this writ petition.
4. Briefly stated the facts are:
The petitioner has filed suit in O.S. No. 149 of 2003 for permanent injunction. The trial has commenced. In the course of evidence, the respondent has produced unregistered Panchayathi Palparikath ya Kararu Patra dated 21-9-1982. The petitioner has objected for marking of the document on the ground that the documents is unregistered and it is not admissible in evidence. The trial Court has permitted the respondent to mark the document holding that under proviso to Section 49 of Registration Act, 1908, an unregistered document can be received for collateral purpose i.e., to show possession. Therefore, this writ petition.
5. The learned Counsel for the petitioner contended that the impugned or
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