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2015 Supreme(Kar) 132

S.SUJATHA
P. N. MUNISWAMAPPA – Appellant
Versus
MURTHY – Respondent


Advocates Appeared:
SRI GS BHAT, ADV. A/W SRI PT MURALIDHAR, ADV.
SMT SNEHA SHASTRY G, ADV. FOR SRI G BALAKRISHNA SHASTRY, ADV.

ORDER

1. This writ petition is filed challenging the orders on I.A.No.9 in O.S.No.306/1997 on the file of the Court of Civil Judge (Junior Division), Chikkaballapura dated 12.3.2013.

2. The facts in brief are that the petitioners filed O.S.No.306/1997 for declaration and injunction. The 1st petitioner examined as PW1 and produced Exs.P.1 to P.26. Ex.P.13 is the partition deed. The defendant No.6/respondent filed I.A.No.9 to strike out/delete the evidence of PW1 in the chief examination of PW1 as the deed of partition/relinquishment deed i.e., Ex.P.13 is not admissible in evidence. The said application was rejected by the trial Court on 21.08.2009 against which, writ petition No.34362/2009 was filed by the respondent before this Court. This Court allowed the writ petition on 10.11.2010 setting aside the order passed by the trial Court and directed the trial Court to examine the prayer made in I.A.No.9 afresh after providing an opportunity to the petitioner to establish that the document in question was inadmissible in evidence and therefore, cannot be marked in evidence. Pursuant to the said order passed by this Court, the trial Court considered the matter afresh and allowed I.A.No.













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