IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.4222/2019 (GM – CPC) BETWEEN:
SANNADYAMAIAH S/O KARIYANNA AGED ABOUT 72 YEARS R/AT BENCHE, BUKKAPATTANA HOBLI SIRA TALUK TUMAKURU DISTRICT-572101 ... PETITIONER [BY SRI K.HANUMANTHARAYAPPA, ADV.] AND:
1. H.B.LATHA W/O JAYANNA, D/O BASAVARAJU AGED ABOUT 34 YEARS R/AT CHIKKA AGRAHARA BUKKAPATTNA HOBLI SIRA TALUK TUMAKURU DISTRICT-572101 2. H.B.RAJU S/O BASAVARAJU AGED ABOUT 38 YEARS R/AT HALEBIJJANA BELLA BUKKAPATTANA HOBLI SIRA TALUK TUMAKURU DISTRICT-572101 3. KAMAKKA W/O MADDE GOWDA D/O BASAVARAJU AGED ABOUT 30 YEARS R/AT KAREMADENAHALLI BUKKAPATTANA HOBLI SIRA TALUK TUMAKURU DISTRICT-572101 4. RAMAKKA W/O LATE BASAVARAJU AGED ABOUT 71 YEARS R/AT HALEBIJJANA BELLA BUKKAPATTANA HOBLI SIRA TLAUK TUMKURU DISTRICT-572101 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 08.01.2019 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC SIRA, ON IA NO.5 IN O.S.NO.235/2012 AS PER ANNEXURE-E ON HIS FILE AND ALLOW THE APPLICATION BY ALLOWING THIS W.P.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order dated 8.1.2019 passed on I.A.No.5 in O.S.No.235/2012 on the file of the Principal Civil Judge & JMFC, Sira.
2. The 1st respondent herein has filed a suit for partition and separate possession in O.S.No.235/2012. In the said suit proceedings, I.A. under Order 16 Rule 6 of CPC was filed to issue summons to Manager, Kaveri Grameena Bank, Bramasandra Gate Branch, Sira Taluk to produce original registered sale deed dated 18.12.2001 executed by one Basavaraju in favour of defendant No.4 in respect of suit schedule item No.1 property. The same came to be dismissed. Hence, this writ petition.
3. It is not in dispute that the document which the plaintiff is intending to summon is the original registered sale deed dated 18.12.2001 from the Manger of Kaveri Grameena Bank. No reasons are assigned by the petitioner for summoning the said document and the relevancy of the said document for adjudication of the dispute in the present case. In a suit for partition filed by the plaintiff, to prove his defence, the said document being very well within the knowledge of the petitioner who is a stranger to the family of the plaintiff would have been more vigilant in producing the necessary documents to substantiate his defence. No bonafide attempts were made by the petitioner to establish the necessity of summoning the Manager of the bank to produce the registered sale deed dated 18.12.2001 at the stage of defendant’s evidence. The reasoning of the Trial Court in rejecting the said application cannot be held to be unjustifiable.
No jurisdictional error is found in the impugned order.
Writ petition stands dismissed.
Sd/- JUDGE Dvr: