SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Kar) 733

KRISHNA S.DIXIT
M R Shivarudraiah S/o Rudrappa – Appellant
Versus
Rudrappa Son Of Chikkarudrappa – Respondent


Advocate Appeared:
For the Appellant :Sri.D.L.N.Rao A/W; Sri.Srinivasa.C And Sri.B.G.Ashok Kumar, Advocates.
For the Respondent:Smt.S.Susheela Senior Counsel A/W; Sri.Somanatha.H, Sri.G.Balakrishna Shastry Advocate.

ORDER :

Petitioners being 1st & 3rd defendants in a partition suit in O.S.No.1209/2009 are knocking at the doors of the writ court for assailing the order dated 17.01.2020 vide Annexure-K whereby the learned XXXVIII Addl. City Civil Judge, Bengaluru having overruled petitioners objection has marked a xerox/photostat copy of Deed of Co-ownership dated 15.05.1996 as Exhibit-345, in the cross-examination of the witness concerned; the contesting respondents having entered appearance through their counsel resist the writ petition making submission in support of the impugned order.

2. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter as under and for the following reasons:

(a) Admittedly, suit is one for partition; petitioners happen to be the contesting defendants therein; during the course of trial, the subject document which is a xerox/photostat copy of alleged Deed of Co-ownership has been marked in the cross examination of Defendant No.2 by confronting the same under Order VII Rule 14(4) of the Code; the only reason stated by the Court below for marking the same is that the witness in the bo

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon telegram-icon
            whatsapp-icon Back to top