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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 27^TH DAY OF JANUARY, 2021

BEFORE

THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO. 6879 OF 2015(GM-CPC)

BETWEEN:

SRI.GUNABHUSAHAN

S/O LATE M. ANNAIAPPA,

AGED ABOUT 63 YEARS,

R/AT NO.5/1, K.K. LINE,

2ND CROSS, COTTENPET,

BANGALORE 560 002.

…PETITIONER

(BY SRI. T. SESHAGIRI RAO, ADV.)

AND:

1 .

SMT.B.G.MEENAKSHI

W/O N. VENKATACHALAPATHI,

AGED ABOUT 51 YEARS,

R/AT NO.3, SAPTHAGIRI,

J.K MAIN ROAD,

MALLESHANAPALYA,

NEW THIPPASANDRA POST,

BANGALORE 560075

2 .

SMT. KRISHNAMMA

W/O LATE GOVINDAPPA,

AGED ABOUT 79 YEARS

R/AT BETTA HALSUR VILLAGE

JALA HOBLI, BANGALORE NORTH TALUK.

3 .

SRI B.G. MANJUNATH

S/O LATE GOVINDAPPA,

AGED ABOUT 54 YEARS,

R/AT BETTA HALSUR VILLAGE

JALA HOBLI, BANGALORE NORTH TALUK.

2

4 .

SRI B.G. RAMESH

S/O LATE GOVINDAPPA,

AGED ABOUT 46 YEARS

R/AT BETTA HALSUR VILLAGE

JALA HOBLI, BANGALORE NORTH TALUK.

5 .

SMT. ALUVELAMMA

W/O RANGADAMAPPA,

AGED ABOUT 65 YEARS.

6 .

SRI B.R. CHANDRASHEKAR

S/O RANGADAMAPPA,

AGED ABOUT 38 YEARS,

RESPONDENT NOS. 5 AND 6 ARE

RESIDING AT NO. 10/2, 3RD BLOCK,

16TH MAIN ROAD,

RAJAJINAGAR,

BANGALORE 560010

7 .

SMT. M. CHANDRAKALA

W/O B. ANJINAPPA,

AGED ABOUT 55 YEARS,

R/AT NO. 689, 6TH CROSS, 5TH MAIN ROAD,

H.A.L, BANGALORE 560075

8 .

SRI K.K MUDDAPPA

S/O KALAPPA,

AGED ABOUT 71 YEARS,

R/AT NO.113A, "A" 2ND CROSS, AECS LAY-OUT,

KUNDALAHALLI POST,

BANGALORE 560017

9 .

THE STATE OF KARNATAKA

DEPARTMENT OF REVENUE, REP. BY ITS CHIEF

SECRETARY, VIDHANA SOUDHA, BENGALURU 01

(AMENDED AS PER THE ORDER OF THE

HON'LBE COURT DATED: 17.07.2015)

…RESPONDENTS

(BY SRI. K.H. SOMASHEKARA, ADV. FOR C/R-1;

SRI. VIJAYA SHEKARA GOWDA, ADV.FOR C/R-3 & R-4;

V/O/DT: 15.04.2015 NOTICE TO R-3 TO R-7 D/W;

V/O/ DT: 17.07.2015 NOTICE TO R-2 AND R-8 D/W;

SRI. T.P. SRINIVASA, AGA FOR R-9)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED ORDER DATED: 02.02.2015 ONE PASSED BY THE

SENIOR CIVIL JUDGE & JMFC, DEVANAHLLI ON I.A.NO. 12 IN

O.S.NO. 242/2007 VIDE ANNEX-G AND ETC.

THIS W.P. COMING ON FOR PRELIMINARY HEARING IN 'B'

GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

This petition is directed against the impugned order

dated 02.02.2015 passed in O.S.No.242/2007 on the file of

the Senior Civil Judge and JMFC, Devanahalli, whereby the

trial Court allowed I.A.No.12 filed by defendant Nos.2 and 3

thereby directing impounding of the unregistered General

Power of Attorney dated 14.03.1995 on the ground that the

said documents was inadmissible in evidence for want of

registration and payment of insufficient stamp duty.

2.

Heard learned counsel for the petitioner and

learned counsel for the respondents and perused the

material on record.

3.

The material on record indicates that it is not in

dispute that respondent No.1, Smt. B.G. Meenakashi

instituted the aforesaid suit for partition and separate

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possession of her alleged share in the suit schedule

properties and for other reliefs.

4.

In the said suit, the petitioner herein was

arrayed as defendant No.4 and he contested the said suit.

The defendant Nos.2 and 3, who supported respondent

No.1-plaintiff filed the instant application I.A.No.12 inter alia

contending that the General Power of Attorney dated

14.03.1995 executed by defendant Nos.1 to 3 in favour of

Smt. A. Uma was insufficiently stamped and was an

unregistered document and consequently the said General

Power of Attorney was inadmissible in evidence and could

not be marked as exhibit on behalf of the petitioner-

defendant No.4.

5.

Petitioner-defendant No.4 filed objections and

sought for dismissal of I.A.No.12. By the impugned order,

the trial Court allowed I.A.No.12 filed by defendant Nos.2

and 3 and directed i