Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 51819 OF 2017 (GM-CPC)
BETWEEN:
SRI. A.C. KURIAN S/O LATE K V CHACKO AGED ABOUT 51 YEARS, R/A: SHIBANI, 4TH CROSS, SHIVBAGH, KADRI, MANGALORE - 575 002 …PETITIONER (BY SRI: SARAVANA .S., ADVOCATE)
AND:
1. DR B RAGHURAM SHETTY S/O LATE A SHAMBHU SHETTY, AGED ABOUT 72 YEARS, R/A: ROSHNI, KADRI ROAD, MANGALORE - 575 003
2. SRI K DEVADAS SHETTY Digitally S/O. LATE K.P. SHESHAPPA SHETTY, signed by PAVITHRA N AGED MAJOR, R/A: SAINATH FARM, Location: hig h PEDAMALE POST, NEERMARGA, court of karnataka MANGALORE - 575 005
3. SRI ARUN BHANDARY S/O. A.B. BHANDARY AGED MAJOR, R/A D.SOUZA LANE NEAR GEETHANJALI LOWER BENDOOR, MANGALORE - 575 002
4. SRI SHARAT KUMAR SHETTY S/O. LATE DR. K BALAPPA SHETTY, AGED MAJOR, R/A NO 515, RAJA MAHAL VILAS EXTENSION OPP: SANKEY TANK SADASHIVANAGAR BANGALORE - 560 080
5. DR. SANTOSH SHETTY (DEAD)
SON OF LATE DR. K. BALAPPA SHETTY, NO 12, WYNCREST CIRCLE, ANDOVER MA 01810 USA.
5(A) SMT SUJYOTHI SHETTY W/O. LATE DR. SANTHOSH KUMAR SHETTY AGED MAJOR, R/A NO 12, WYNCREST CIRCLE, ANDOVER, MA 01810, MASSO UNITED STATE OF AMERICA. OUT OF STATE.
5(B) DR SAJINI SHRUTHI SHETTY D/O. LATE DR SANTHOSH KUMAR SHETTY, AGED ABOUT 39 YEARS, R/A: NO.61, WILDWOOD ROAD, ANDOVER, MA 01810, MASSO, USA. 5(C) DR. SWAWN SRIRAM SHETTY, S/O. LATE DR SANTHOSH KUMAR SHETTY, AGED MAJOR, R/A: NO.12, WYNCREST CIRCLE, ANDOVER, MA 01810, MASSO UNITED STATE OF AMERICA.
6. SMT. ZARINA PUNJA S/O. DR. K. BALAPPA SHETTY &
W/O. DR. MANOHAR PUNJA, AGED MAJOR, NO.20442, N.E.
INTERLACHEN LANE, FAIR VIEW, OREGON 97024, U.S.A.
7. SRI CHERIAN NEELIYARA S/O. LATE CHACKO NEELIYARA, AGED ABOUT 75 YEARS R/A: GANDIBAGILU BELTHANGADY TALUK, DAKSHINA KANNADA, MANGALURU - 575 001.
SINCE DECEASED
7(A) MRS. PENAMMA @ MARRY CHERIAN NEELIYARA WIFE OF LATE CHERIAN NEELIYARA, NEELIYARA HOSUE, NERIA POST, BELTHANGADY TALUK, D.K. - 575 001
7(B) MR. JACOB @ SHANATHOSH SON OF LATE CHERIAN NEELIYARA, NEELIYARA HOUSE, NERIA POST BELTHANGADI TALUK, D.K. - 575 001
7(C) MRS. RANI WIFE OF A.C. KURIAN AGED ABOUT 52 YEARS, R/AT SHIBANI, SHIVABAGH KADRI, MANGALORE- 575 001.
7(D) MR. THOMAS SON OF LATE CHERIAN NEELIYARA AGED MAJOR, B145, JALAVAYUVIHAR KAMANAHALLI KALLYAN NAGAR, BANGALORE - 560 043.
7(E) MRS. ELIZABETH NEELIYARA D/O LATE CHERIAN NEELIYARA AGED ABOUT 46 YEARS, ADVOCATE, R/AT: H.NO. 15-2/74, II CROSS, UPPER BENDOOR MANGALORE - 575 001
7(F) MRS. VINOD JOSEPH NEELIYARA D/O. LATE CHERIAN NEELIYARA AGED MAJOR, POST BOX NO. 54522 ADILIYA, KINGDOM OF BHARAIN.
7(G) MRS. JIJI @ ROSAMMA D/O. LATE CHERIAN NEELIYARA AGED MAJOR, NIJARACKAL HOUSE, PELAI POST, KOTTAYAM, KERALA - 686 003
7(H) SUNIL KURIAN S/O. LATE CHERIAN NEELIYARA AGED MAJOR, POST BOX NO. 20316, MANAMA, KINGDOM OF BHARAIN …RESPONDENTS (BY SRI: SUBRAMANI .M.A., ADVOCATE FOR R1 A/W GPA, GOUTHAM S. BHARDWAJ FOR R7(D, E & F)
R2, R3, R4, R7(C), R7(G) - SERVED UNREPRESENTED R6 & R7(H) - H/S- V/O DT. 24/6/21 R5(A TO C) & R7 (A & B) -D/W V/O DT.28/3/22)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS PASSED ON THE MEMO DATED.25.10.2017 BY ORDERS DTD.7.11.2017 IN O.S.NO.5/2009 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE, MANGALORE, D.K. VIDE ANNEX-G TO THE W.P. AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Defendant No.1 in O.S.No.5/2009 on the file of the learned III Additional Senior Civil Judge, Mangalore, Dakshina Kannada (hereinafter referred to as 'the trial Court' for brevity), is seeking issuance of writ of certiorari to quash the order dated 07.11.2017 rejecting the memo filed by him raising objections for marking two GPA deeds and an endorsement of the Tahsildar, Mangaluru.
2. Heard Sri Saravana S., learned counsel for the petitioner and Sri Subramani M.A., learned counsel for the respondents. Perused the materials on record.
3. Learned counsel for the petitioner contended that the documents produced and sought for admission are laminated GPA deeds and the endorsement by Tahsildar, Mangaluru. Therefore, they are not admissible in evidence. The trial Court proceeded to reject the memo filed by the petitioner in that regard and proceeded to mark the said documents. Therefore, the petitioner is before this Court. 4. Learned counsel submitted that the trial Court committed an error in observing that exhibiting the documents is only an administrative act. Hence, prays for allowing the petition.
5. Per contra learned counsel for the respondents opposing the petition submitted that the original GPA deeds and the endorsement of the Tahsildar were produced before the Court. Only to preserve the documents the same were laminated. There cannot be any objection for admitting those documents as they are the original documents produced before the Court. Hence, prays for dismissal of the petition.
6. The contention taken by learned counsel for both the parties is that the plaintiff produced two GPA deeds and the endorsement issued by Tahsildar, Mangaluru for admission in evidence. Since the documents are laminated, the petitioner raised objection and filed a memo in that regard. The said memo was rejected by the trial Court by passing an order.
Therefore, the same is impugned in the present petition.
7. Learned counsel for the petitioner admits that there is no bar for marking the laminated documents under any of the provisions of the Evidence Act. Since the documents are laminated, the petitioner cannot dispute its marking. When once the original documents are produced before the Court and when no valid grounds regarding its admissibility are raised, I do not find any merit in the petition. Accordingly, I proceed to pass the following;
ORDER
Petition is dismissed with cost of Rs.5,000/- (Rupees Five Thousand Only) to be paid to respondent No.1/plaintiff within two weeks from today. Failing which, it shall form part of the costs in the suit.
IA No.1/2023 seeking early hearing is disposed off in view of disposal for the writ petition.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
