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2017 Supreme(Kar) 358

ANAND BYRAREDDY
Nagi Yane Devaki. Kom Chaya Banavalikar, daughter and legal heir of deceased Laxman Chinna Tandel – Appellant
Versus
Harichandra Thaku Tandel – Respondent


Advocates Appeared:
For the Petitioner:Sri S.V. Yaji, Advocate.
For the Respondents:Shri Dinesh M. Kulkarni, Shri Hareesh S. Nayak, Advocates.

ORDER :

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. The petitioner, who is plaintiff, is before this Court in the following circumstance:

The petitioner claims to be the joint owner in possession of the land and has filed a suit in O.S. No.11 of 2012 before the Senior Civil Judge, Kumta. She is said to be 72 years old and keeping indifferent health. The defendants had filed written statement admitting the relationship but denied the allegations made in the plaint. The petitioner has filed an application seeking permission to conduct the case through her son, who is a member of a joint family, as her general power of attorney holder. She is unable to tender evidence and as she is hard of hearing and she is suffering from loss of memory and she cannot sit or stand for long. She had approached the doctor at Honnavar and obtained a medical certificate regarding her health condition as also her state of her mind.

3. Therefore, an application was filed seeking permission to lead evidence through her general power of attorney holder. The respondents had filed objections. The Court below has rejected the application, as there was no sufficient m





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