IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.53093 OF 2017 (GM-CPC) BETWEEN:
1. Sri K. Krishnaiah S/o Kariyanna, Aged about 64 years, 2. Sri Chikkanna S/o Kariyanna, Aged about 62 years, 3. Sri Dasappa S/o Kariyanna, Aged about 60 years, 4. Sri Ramaiah S/o Kariyanna, Aged about 58 years, 5. Sri Shivanna S/o Kariyanna, Aged about 56 years, 6. Sri Mahalingaiah S/o Kariyanna, Aged about 54 years, 7. Sri Chandrashekaraiah S/o Kariyanna, Aged about 52 years, All are R/o Gollarahatti, Hamlet Village of P. Gollahalli, Bellavi Hobli, Tumkur Taluk & District. … Petitioners (By Sri. Nanja Reddy P.N., Advocate) AND:
1. Smt. V. Vijayalakshmi W/o P. Ramaiah, Aged about 65 years, R/o P. Gollahalli, Bellavi Hobli, Sorekunte-572 128, Tumkur District-572 102.
2. Sri Ramakrishnaiah S/o Late Ramaiah, Aged about 55 years, R/at Tumbaganahatti, Sorekunte Post, Bellavi Hobli, Tumakuru-572 102.
3. Smt. Gangamma D/o Ramaiah, W/o Thimmaiah, Aged about 40 years, R/at Tumbaganahatti, Sorekunte Post, Bellavi Hobli, Tumakuru-572 102.
4. Smt. Balakka W/o Basanna, D/o Ramaiah, Aged about 41 years, R/at Nelur Gollarahatti, Chelur Hobli, Gubbi Taluk, Tumakuru District-572 102.
5. Smt. Gowramma D/o Ramaiah, W/o Jayanna, Aged about 39 years, R/at Gollarahatti, Kemponadodderi, Tumakuru Taluk-572 102.
6. Smt. Rathanamma D/o Ramaiah, W/o Murthappa, Aged about 35 years, R/at Tumbaganahatti, Bellavi Hobli, Tumakuru Taluk-572 102.
(By Sri. D. L. Suresh, Advocate for R-1;
Notice to R-2 to R-6 is d/w v/o dtd.28.11.2017) … Respondents This Writ Petition is under Article 227 of the Constitution of India praying to quash the order dtd. 04.11.2017 in O.S.No.391/1997 on the file of IV Addl. Civil Judge, (Junior Division) Tumkur vide Annex-E as the same is illegal, arbitrary and without the authority of law and etc.
This Writ Petition is coming on for Orders, this day, the Court made the following:
ORDER Petitioners being the defendants in a declaratory suit filed by the respondents herein in O.S.No.391/1997, are knocking at the doors of Writ Court for assailing the order dated 04.11.2017, a copy whereof is at Annexure-L whereby learned IV Additional Civil Judge and JMFC at Tumakuru, has rejected their application filed under Order XVI Rule 6 read with Section 151 of the Code of Civil Procedure for summoning of the original documents from the records of jurisdictional revenue officials.
2. After service of notice, the respondents having entered appearance through their counsel, resist the writ petition.
3. Having heard the learned counsel for the parties and having perused the writ petition papers, this Court grants indulgence in the matter for the following reasons:
a) the suit is for declaration of title; the petitioners who have produced the certified copies of the documents seek to summon originals of the same inasmuch as authenticity of the same is put in challenge by the plaintiff side; and b) if the application is not allowed, it would prejudice the case of the defendants. Conversely, if the application is allowed, the authenticity of the documents is asserted by leading evidence or by forensic examination of the disputed signature.
4. In the above circumstances, this writ petition is favoured; the impugned order is set at naught; the petitioners subject applications are allowed. The Court below shall summon the records and to process the matter further in accordance with law.
Since the suit is of the year 1997, the learned Trial Judge is directed to try and dispose of the same within an outer limit of one year and report compliance to the Registrar General of this Court.
NR/-
Sd/- JUDGE