IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 113836 OF 2019 (GM-CPC)

BETWEEN:

HASHMATBI W/O SHABBIRKHAN PATEL,

AGE: 49 YEARS, OCC: HOUSEHOLD WORK,

R/O: CHIKKERUR, TQ: HIREKERUR,

DIST: HAVERI, PIN-581 109.

… PETITIONER

(BY SRI. D.L. LADKHAN, ADVOCATE)

AND:

MAQBULSAB S/O KHASEEMSAB ATTIKATTI,

SINCE DECEASED BY HIS LEGAL REPRESENTATIVES,

1. SMT. RAJIYABI W/O MAQBULSAB ATTIKATTI,

AGE: 54 YEARS, OCC: HOUSEHOLD WORK,

R/O: CHIKKERUR, TQ: HIREKERUR,

DIST: HAVERI, PIN-581 109.

2. SMT. HASINABANU

W/O UMARFARUK KOTTUR,

AGE: 37 YEARS, OCC: HOUSEHOLD WORK,

R/O: KOTTUR, TQ: KUDALGI,

C LA H X A M N A D N RASHEKAR DIST: BALLARI, PIN-583 134.

KATTIMANI

Digitally signed by 3. NASRULLA MAQBULSAB ATTIKATTI,

CHANDRASHEKAR LAXMAN KATTIMANI

L K o a c rn at a i t o a n k : a H , D ig h h a C rw ou a r d t B o e f nch AGE: 35 YEARS, OCC: BUSINESS,

Date: 2025.12.17 12:04:10

+0530

R/O: CHIKKERUR, TQ: HIREKERUR,

DIST: HAVERI, PIN-581 109.

4. KHASEEMSAB MAQBULSAB ATTIKATTI,

AGE: 34 YEARS, OCC: BUSINESS,

R/O: CHIKKERUR, TQ: HIREKERUR,

DIST: HAVERI, PIN-581 109.

5. KHADARBASHA MAQBULSAB ATTIKATTI,

AGE: 33 YEARS, OCC: BUSINESS,

R/O: CHIKKERUR, TQ: HIREKERUR,

DIST: HAVERI, PIN-581 109.

6. NIYAZ AHAMED S/O NURAHMED MAKANDAR, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: BASHA NAGAR CHITIYALAVATTI, TQ: DAVANGERI, DIST: DAVANGERE, PIN-577 516.

7. JAIBOON W/O NABISAB ATTIKATTI, AGE: 74 YEARS, OCC: BUSINESS, R/O: CHIKKERUR, TQ: HIREKERUR, DIST: HAVERI, PIN-581 109.

8. SMT. YASMEEN W/O ISHAKSAB BAVANAVAR, AGE: 44 YEARS, OCC: BUSINESS, R/O: CHIKKERUR, TQ: HIREKERUR, DIST: HAVERI, PIN-581 109.

9. BASHIR S/O RAJESAB PATTANSHETTY, AGE: 47 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: CHIKKERUR, TQ: HIREKERUR, DIST: HAVERI, PIN-581 109.

10. SMT. NAGINA W/O MOHAMMED JAFFER BHATTI, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O: CHIKKBASUR, TQ: BYADAGI, DIST: HAVERI, PIN-581 109.

11. BIBIJANABI W/O MOHAMMED HUSAIN MULLA, AGE: 59 YEARS, OCC: AGRICULTURE, R/O: CHIKKERUR, TQ: HIREKERUR, DIST: HAVERI, PIN-581 109.

… RESPONDENTS (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R7 AND R8;

NOTICE TO R1, R3, R4 AND R5 IS SERVED;

NOTICE TO R9 TO R11, R2 AND R6 IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ORDER DATED 03.08.2019 PASSED BY THE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC, HIREKERUR ON I.A. NO.32 IN O.S. NO.57/2010 AS PER ANNEXURE-G AND FURTHER ALLOW THE SAID APPLICATION AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)

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

2. This petition is filed under Articles 226 and 227 of the Constitution of India assailing the order dated 03.08.2019 passed on I.A.No.32 in O.S.No.57/2010 on the file of Additional Civil Judge, Hirekerur, For short, ‘Trial Court’

3. The Trial Court rejected I.A.No.32 filed under Order XXVI Rule 10-A read with Section 45 of the Indian Evidence Act, 1872.

4. The petitioner's application to send Ex.D9 for forensic examination was rejected on the premise that the said document is not an original but only a certified copy.

5. The Court has perused Ex.D9 and noted that it is a certified copy of a xerox copy. The Trial Court rejected the application on the premise that a certified copy cannot be sent for forensic examination. Whether the signature/thumb impression on document can be examined or not, and opinion can be given or not, is to be decided by the Forensic Expert. Hence, the application should have been allowed, subject to further proof and admissibility of secondary evidence.

6. Hence, the following:

ORDER

a) The petition is allowed b) The order dated 03.08.2019 passed on I.A.No.32 in O.S.No.57/2010 on the file of Additional Civil Judge, Hirekerur, is set aside.

c) The petitioner shall pay