IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 33121 OF 2017 (GM-CPC) BETWEEN:
SRI K N GOPALAN, S/O LATE K NAGAPPA, AGED ABOUT 88 YEARS, RESIDING AT NO.1275/717, 14TH CROSS, 2ND PHASE, GIRINAGAR, BANGALORE-560085.
… PETITIONER (BY SRI. C VINAY RAGHAVENDRA, FOR SRI. T N RAGHUPATHY, ADVOCATES) AND:
1. SMT H S SEETHALAKSHMI, W/O H S SUBRAMANYA, AGED ABOUT 70 YEARS, R/AT NO.39, BHAIRAVI BHAVANAGIRINAGAR, BSK 3RD STAGE, BANGALORE-85.
2. SRI SRI JAGADGURU SHANKARACHARYA MAHASAMSTHANAM, SRI SRINGERIMATH DAKSHINAMNAYA, SRI SFHARADA PEETHA, SRINGERI-577139.
R/BY ITS ADMINISTRATOR & CHIEF EXECUTIVE.
… RESPONDENTS (BY SRI. K N NITISH, FOR SRI. K V NARASIMHAN, ADVPCATES) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH E- ORDER DATED 04.04.2017 ON I.A.NO.III PASSED BY THE CIVIL JUDGE, PERIYAPATNA IN MISC.2/2015 AT ANNEX-A TO W.P. AND ALLOW THIS W.P. WITH COSTS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the respondent in Misc. No.2/2015 is invoking the writ jurisdiction of this Court for assailing the order date 04.04.2017, a copy whereof is at Annexure-A whereby the learned Civil Judge, Piriyapatna, having favoured respondents’ application in IA No.3 filed under Section 65 of the Indian Evidence Act, 1872 read with Section 151 of CPC, 1908, has permitted her to produce Xerox copy of a Will by way of secondary evidence. After service of notice, the respondents having entered appearance through their counsel, resist the writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, the impugned order now pales into insignificance in view of the recent development namely the original Will having been discovered, the contesting respondent would seek leave of the Court below to place the same on record in liew of the subject secondary evidence.
Accordingly, petition stands disposed off, all contentions of the parties having been kept open.
No costs.
Bsv Sd/- JUDGE