IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF AUGUST 2021

BEFORE

THE HON’BLE MR.JUSTICE ASHOK S. KINAGI

WRIT PETITION NO.12340 OF 2021 (GM-CPC)

BETWEEN:

SRI. MOHAN S

S/O LATE SRI. S S PRAKASH

AGED ABOUT 61 YEARS

RESIDING AT NO 1304

21^ST B MAIN, 11^TH CROSS

SECTOR -1, HSR LAYOUT

BENGALURU – 560 034.

...PETITIONER

(BY SRI. D R RAVISHANKAR, ADVOCATE)

AND:

1 .

SRI. P T SADASHIVAIAH

SON OF LATE THOTADAPPA

AGED ABOUT 79 YEARS

2 .

SMT. PARVATHAMMA

WIFE OF P T SADASHIVAIAH

AGED ABOUT 70 YEARS

3 .

S NANJUNDA

SON OF P T SADASHIVAIAH

AGED ABOUT 50 YEARS

2

RESPONDENT NOS. 1 TO 3 ARE

R/A PATTANAGERE VILLAGE KENGERI HOBLI,

BANGALORE SOUTH TALUK AND DISTRICT

BANGALORE – 560098

4 .

THE COMMISSIONER

RAJARAJESHWARI NAGARA CITY MUNICIPAL

COUNCIL, IDEAL HOMES TOWNSHIP

RAJARAJESHWARA NAGARA

BENGALURU – 560 098.

5 .

N R NAGARAJ

AGED ABOUT 44 YEARS

SON OF LATE RAMEGOWDA

R/A NO 06, KATHARIGUPPE MAIN ROAD

BSK III STAGE, BENGALURU – 560 085.

6 .

S RAVINDRA REDDY

AGED ABOUT 44 YEARS

SON OF LATE RAMEGOWDA

R/A NO 26, 4^TH CROSS, BINNY LAYOUT

III STAGE, VIJAYANAGARA

BENGALURU – 560 040.

7 .

B DINESH KUMAR

SON OF LATE BALARAM

AGED ABOUT 38 YEARS

RESIDING AT NO 40/76, 20^TH MAIN

2^ND BLOCK, RAJAJINAGAR

BENGALURU – 560 010.

8 .

SRI MADHUKESHWARA G M

SON OF SRI MAHADEVAPPA G

AGED ABOUT 44 YEARS

RESIDING AT NO 674, 4^TH MAIN

3^RD CROSS, 3^RD STAGE, BEML LAYOUT

RAJARAJESHWARINAGARA

BENGALURU – 560 098.

3

9 .

RAMESH V AJAGANNANAVAR

SON OF VEERABASAPPA, AGED ABOUT 45 YEARS

R/A NO 763, 7^TH MAIN

5^TH CROSS, 4^TH STAGE, BEML LAYOUT

RAJARAJESHWARINAGARA

BENGALURU – 560 098.

….RESPONDENTS

(BY SRI. ASHOK HARANAHALLI, SR. COUNSEL FOR

SRI. SHARATH S. GOWDA, ADVOCATE FOR C/R-8)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227

OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE

THE ORDERS DATED 29.05.2019, 16.03.2019 AND ALSO

THE ORDERS DATED 03.02.2020, PASSED BY THE

LEARNED LII ACC AND SJ, BENGALURU ALL AT

ANNEXURE-F AND THE ORDERS DATED 31.05.2021,

PASSED BY THE LEARNED LII ACC AND S.J., BENGALURU,

AT ANNEXURE-G.

THIS WRIT PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 03.08.2021, COMING ON FOR

PRONOUNCEMENT THIS DAY, THE COURT MADE THE

FOLLOWING:

O R D E R

The petitioner aggrieved by the orders dated

29.05.2019, 16.03.2019 and 03.02.2020, passed by

the LII Addl. City Civil & Sessions Judge, Bengaluru

and

order

dated

31.05.2021,

passed

in

O.S.No.10349/2006, has filed this writ petition.

4

2. Brief facts leading to filing of this petition are

as under:

That

the

petitioner

is

the

plaintiff

in

O.S.No.10349/2006

and

respondents

are

the

defendants. For the purpose of convenience, parties

are referred to with their respective ranking before the

Trial Court.

The plaintiff filed a suit in O.S.No.10349/2006

for the relief of declaration and injunction. The

defendants filed their written statement. During the

course of evidence of plaintiff, the plaintiff had

tendered

3

documents

i.e.,

declaration

cum

rectification deed, agreement and general power of

attorney. The plaintiff sought for marking the

documents during the course of examination-in-chief.

The counsel for the defendants raised objection for

marking the said documents. The Trial Court passed

an order on 16.03.2019, that the original agreement

5

dated 15.03.1992, and original declaration cum

rectification deed dated 14.12.2000, and the general

power

of

attorney

dated

14.12.2000,

are

not

registered documents and further recorded a finding

that general power of attorney need not be registered,

but the other two documents cannot be marked unless

the duty and penalty is paid. When the matter had

come up before the Trial Court on 08.04.2019, the

plaintiff had indicated his willingness to pay the duty

and penalty on the additional documents. Therefore,

plaintiff requested for calculation of t