IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.29304 OF 2019 (GM-CPC) BETWEEN:
1. NARAYANAPPA S/O LATE MUNIYAPPA AGED ABOUT 55 YEARS 2. VINAYKUMAR N. S/O NARAYANAPPA AGED ABOUT 30 YEARS 3. VENUGOPAL N. S/O NARAYANAPPA AGED ABOUT 26 YEARS 4. KUMAR N. YASHAS KUMAR S/O NARAYANAPPA AGED ABOUT 13 YEARS MINOR REPRESENTED BY NARAYANAPPA 5. MOHAN KUMAR S/O LATE MUNIYAPPA AGED ABOUT 44 YEARS 6. SUDHA RANI D/O MOHAN KUMAR AGED ABOUT 24 YEARS 7. BHARATH KUMAR D/O MOHAN KUMAR AGED ABOUT 24 YEARS 8. SHANTHAMMA W/O MUNIYAPPA AGED ABOUT 60 YEARS 9. LOKESH S/O BETTASWAMY AND BHAGYAMMA AGED ABOUT 34 YEARS ALL ARE R/AT NO.292, 1ST MAIN 1ST CROSS, NAGARBHAVI BANGALORE – 560 072 ... PETITIONERS (BY SRI D.R.SUNDARESHA, ADVOCATE) AND:
MR.RAJU M.
S/O OF LATE MUNISWAMY GOUNDER DEAD BY HIS LR’S 1. SMT.VASANTHA D/O LATE M.RAJU AGED ABOUT 55 YEARS 2. MENAKA VENKATESH AGED ABOUT 48 YEARS D/O M.RAJU 3. JAGADAMBA D/O LATE RAJU M AGED ABOUT 43 YEARS THE RESPONDENT NO.1 TO 3 ALL ARE R/AT NO.37, 3RD CROSS, 6TH BLOCK, RAJAJINAGAR, BANGALORE – 10 KRISHNASA S/O LATE CHOODASA DEAD BY HIS LRS.
4. RAGHVENDRASA S/O KRISHNASA AGED ABOUT 42 YEARS R/AT 72/80, LALBHAG SIDDAPURA BANGALORE – 11 5. SMT.B.USHA D/O M.BASAVARAJAIAH AGED ABOUT 59 YEARS R/AT NO.1459, 16TH MAIN M.C.R. LAYOUT, VIJAYANAGAR BANGALORE – 560 040 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 01.04.2019 (ANNEXURE – G) OF MARKING DOCUMENTS AS EXHIBITS THE GPA DATED 22.10.1984 MARKED AT EXHIBIT D-27 (ANNEXURE –C), THE POSSESSION AGREEMENT DATED 22.10.1984 MARKED AS EXHIBIT D-28 SAME IS HEREWITH MARKED AT ANNEXURE-D, THE AFFIDAVIT DATED 22.10.1984 MARKED AS EXHIBIT D-29 IS PRODUCED ANNEXURE –E IN O.S.NO.6624/2016 ON THE FILE OF LV CITY CIVIL SESSION JUDGE BANGALORE CCH-56.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R I find no ground to interfere with the impugned order in view of the settled position of law that documents once marked in evidence unobjectedly, shall not be re-opened even in respect of stamp duty and registration in view of the decision of the Apex Court in the case of JAVER CHAND AND OTHERS vs. PUKHRAJ SURANA, AIR 1961 SC 1655.
2. The version emerging from memo at Annexure-F that there was objection tendered at the time when the document was sought to be marked, is difficult to accept since accepting it would amount to questioning the bonafide of the Presiding Officer himself especially when no reason is offered by the petitioners as to why such a memo was not filed on the same day, when the documents were marked.
The petition is rejected.
Sd/- JUDGE KNM/-