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SURAJ GOVINDARAJ
DEVEGOWDA S/O NARAYANASWAMY – Appellant
Versus
ASHOKANAYAR S/O K. V. VELAYUDHAN – Respondent
ORDER :
1. The Petitioners are before this Court seeking for the following reliefs:
(b) Set aside the order dated 15.12.2023 passed by the IVth Additional District and Sessions Judge, Bangalore Rural District, Doddaballapura in Misc. No. 10007/2019.
(c) To dismiss Misc. Petition filed by the first respondent in Misc. Petition No. 10007/2019 under order 41 rule 21 of Code of Civil Procedure, 1908 on the file of IV Additional District and Sessions Judge, Bangalore Rural District, Doddaballapura.
(d) Pass such other order/s under the circumstances of petition to meet the ends of justice.
2. The suit in OS No. 466/2011 was filed by one Smt. Akkayamma against Respondent Nos. 1 to 5 herein for the relief of declaration of title and permanent injunction in respect of property bearing survey No. 50 new No. 50/1 measuring about 1 acre 33 guntas situated at Mandi Byadarahalli Village, Kasaba Hobli, Doddaballapura.
3. The said suit came to be dismissed on 09.09.2015, Smt. Akkayamma had filed RA No. 10108/2016 (old RA No. 11/2015)
The Chief Ministerial Officer lacks authority to issue judicial notices; valid service requires proper documentation to invoke presumptions under the General Clauses Act.
Actual service of summons by registered post acknowledgment due is valid, even if defendants reside outside jurisdiction, and non-compliance with procedural rules does not equate to no service.
The court emphasized the sanctity of judicial records and the importance of upholding evidence of service of summons unless malafide intent is shown.
Court must ensure valid service of notice as per procedural rules, and failure to do so invalidates ex parte decrees.
The court emphasized the necessity of effective service of summons and adherence to procedural mandates in civil proceedings.
The High Court, exercising its extraordinary jurisdiction under Article 227 of the Constitution of India, cannot reappreciate the evidence or substitute its subjective opinion in place of the finding....
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