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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P. Sandesh
Sallappa Dead By Lrs. – Appellant
Versus
M. Basavaraj Aged S/O Late Muniyappa – Respondent
| Table of Content |
|---|
| 1. background of the case and the issues at hand. (Para 1) |
| 2. court's analysis on evidence and remand orders. (Para 2 , 6) |
| 3. arguments from both parties regarding document validity. (Para 3 , 4 , 5) |
| 4. court's final order directing further action. (Para 7) |
JUDGMENT :
H.P. Sandesh, J.
1. This matter is listed for admission. Heard the learned counsel for the appellants and the learned counsel for the respondents. This miscellaneous second appeal is filed before this Court challenging the order of remand made by the First Appellate Court.
2. The case of the plaintiff before the Trial Court seeking the relief of declaration, possession, permanent injunction and mesne profits. The Trial Court having considered the pleadings of the parties and evidence of the parties, dismissed the suit in coming to the conclusion that in paragraph Nos.23 that Ex.D.28 is the certified copy issued by the competent Thasildar, Devanahalli Taluk. Once the said registered extract is produced by the defendants, the burden shifts on the plaintiff to show that Ex.D.28 is not genuine and it has been created. In order to falsify that the entries shown in Ex.D.28 are not correct, he has not made any attem
Court mandates competent witness examination for validating disputed documents before resolving ownership issues in property disputes.
There are two stages relating to documents. One is the stage when all the documents on which the parties rely are filed by them in Court. The next stage is when the documents are proved and formally ....
The main legal point established in the judgment is the requirement to follow the proper procedure for admitting additional evidence and establishing a direct link between the additional document pro....
The admissibility of certified copies of public documents does not equate to proof of the truth of their contents; such truth must be established through oral evidence.
Photocopies of public documents are admissible as evidence if authenticated by testimony, mitigating previous rejections based on technical evidence rules.
The court ruled that while a certified copy of a sale deed is admissible as secondary evidence, it does not suffice to prove the execution of the deed, which must demonstrate intention and legal vali....
The procedural non-compliance in document admission does not invalidate evidence or decrees when the substantive findings are unchallenged.
Procedural fairness mandates that parties must be afforded an opportunity to present rebuttal evidence, especially when additional documents are admitted at the appellate stage.
The appellate court may only admit additional evidence under specific conditions, which were not met by the petitioners, as they failed to demonstrate due diligence in producing the evidence during t....
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