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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF JUNE, 2021

BEFORE

THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

WRIT PETITION No.4357 OF 2020 (GM-CPC)

BETWEEN :

SRI. RAJA JAYASHANKAR

SINCE DECEASED

REPRESENTED BY HIS

LEGAL REPRESENTATIVE

(1)

SHANTHA RAJA JAYASHANKAR

W/O RAJA JAYASHANKAR

AGED ABOUT 74 YEARS

R/AT NO.3, 36^TH CROSS

VIII BLOCK, JAYANAGAR

BENGALURU-560 082

(2)

RAJA UDAYASHANKAR

S/O RAJA JAYASHANKAR

R/AT NO.3, 36^TH CROSS

VIII BLOCK, JAYANAGAR

BENGALURU-560 082

(3)

RAJA SUCHINDRA

S/O RAJA JAYASHANKAR

AGED ABOUT 52 YEARS

R/AT NO.485, 75/1

38^TH CROSS, 8^TH BLOCK

BSK II STAGE

BENGALURU-560 070

(4)

RAJA DATTA KUMAR

S/O RAJA JAYASHANKAR

AGED ABOUT 50 YEARS

R/AT NO. G-1, MEENAKSHI MANOR

NO.14/2, 10^TH AND NO.39

B AND NO.29; MAIN

2

5^TH CROSS, I BLOCK, JAYANAGAR

BENGALURU-560 011

CORPORATE OFFICE OF LRS PETITIONER

NO.124, RAJA GALAXY BUILDING

3 MN, 9^TH BLOCK, 100 FEET ROAD

J.P.NAGAR, BENGALURU-560 078

AND ALSO AT RAJA MAHALAKSHMI F-2

#12, BASAPPA ROAD

SHANTHINAGAR

BENGALURU-560 027

…PETITIONERS

(BY SHRI. V.B.SHIVA KUMAR, ADVOCATE)

AND :

1.

SRI RAKESH KUMAR

S/O LATE SRI. M. RAMA REDDY

AGED ABOUT 60 YEARS

RESIDING AT NO.121, ROYAL PALAM

2^ND CROSS, 3^RD MAIN

L.B.SHASTRINAGAR

BENGALURU-560 017

SMT. R. CHOWDAMMA

SINCE DECEASED BY HER LRS

2.

SMT. R SUJAYA

AGED ABOUT 60 YEARS

3.

SMT. SNEHA R.REDDY

AGED ABOUT 42 YEARS

BOTH ARE RESIDING AT

NO.60, 7^TH 'A' CROSS

4^TH 'B' BLOCK

BENGALURU-560 034

4.

SRI. R. SATHYANARAYANA REDDY

AGED ABOUT 56 YEARS

RESIDING AT NO.591

6^TH CROSS, 4^TH PHASE, JP NAGAR

BENGALURU-560 078

5.

SRI. VIJAYA RAGHAVA REDDY

AGED ABOUT 48 YEARS

3

RESIDING AT NO. B-702

ADARSHA GARDENS

47^TH CROSS, 8^TH BLOCK

UDAYANAGAR

BENGALURU-560 082

6.

SRI. R. MANJUNATHA REDDY

S/O LATE SRI. RAMA REDDY

AGED ABOUT 57 YEARS

RESIDING AT RANAKA

VIII A 'F' BLOCK

RANAKA COLONY

BILAKAHALLI VILLAGE

BANNERGATTA ROAD

BENGALURU

7.

SMT. R. SRIDEVI

W/O SRI. RANGARAJU

AGED ABOUT 55 YEARS

8.

SRI. KRISHNA CHAITANYA VERMA

S/O J.V. RANGARAJU

AGED ABOUT 35 YEARS

RESPONDENTS NO.7 AND 8

REPRESENTED BY THEIR GPA HOLDER

SRI. VENUGOPAL K. RAJU,

S/O SRI. SATHYANARAYANA RAJU

AGED ABOUT 52 YEARS

RESIDING AT NO.437

8^TH 'A' CROSS, 12^TH 'A' MAIN

SECTOR 'A' YELANHANKA NEW T0WN

BANGALURU-560 064

9.

SRI. A. RAMAKRISHNA

S/O ANJANEYACHAR

AGED ABOUT 62 YEARS

RESIDING AT NO. 10/1

LAKSHMINARAYANA COMPLEX

GROUND FLOOR, PALACE ROAD

BENGALURU-560 052 ...RESPONDENTS

(BY SHRI. C.M. NAGABUSHANA, ADV. FOR R1;

SHRI. VAMSHI CHANDRASHEKARA, ADV. FOR R9;

VIDE ORDER DATED 12.03.2020-NOTICE TO

R2 TO R8 IS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER

ALLOWING MARKING OF TWO DOCUMENTS IN O.S.NO.2535/2008 ON

13.12.2019 PASSED BY THE CITY CIVIL JUDGE, BENGALURU (CCH.NO.35) AS

PER ANNEXURE-D ITEM NO.32, IN DEPOSITION OF PW1 WHICH IS PRODUCED

AS DOCUMENT AS ANNEXURE-C AND ETC.,

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING,

THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

One Rama Reddy and his wife Chowdamma on one side

and their son Rakesh Kumar on the other entered into a Partition

Deed on 15.11.2000. It appears that the parties have also

entered into an agreement on 21.01.2000 as per Annexure-A

whereunder, Rama Reddy and Chowdamma agreed to pay Rs.30

Lakhs to their son. In continuation with the said Agreement,

Chowdamma entered into another Agreement with Rakesh Kumar

on 10.04.2002 stating that Rama Reddy had passed away on

07.07