IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.49130 OF 2019 (GM-CPC) BETWEEN:
1. SRI NAYAZ AHAMED, SON OF LATE ABDUL AZEEZ, AGED ABOUT 43 YEARS, RESIDING AT HD KUMARASWAMY EXTENSION, PAVAGADA TOWN, PAVAGADA TALUK, TUMAKURU DISTRICT - 572302.
2. SMT THAYABAA NASEEM, WIFE OF FIROZ PASHA, D/O.LTE ABDUL AZEEZ, AGED ABOUT 57 YEARS, WORKING AS GOVERNMENT STAFF NURSE, GULUR, RESIDING AT NEAR GOVT.HIGHER PRIMARY SCHOOL, S.R.S.BEKARY ROAD, MARALUR JANATHA COLONY, TUMAKURU DISTRICT - 572103. ...PETITIONERS (BY SRI FAYAZ SAB B G, ADVOCATE) AND:
1. SRI BASHEER AHAMED SINCE DEAD BY HIS LRS 1 (a). SMT.SYEDA BANU, AGED ABOUT 63 YEARS, WIFE OF LATE BASHEER AHAMED, RETIRED VILLAGE ACCOUNTANT, BEHIND HARBAL BEAUTY PARLOR BADDIHALLI MAIN ROAD (80 FEET ROAD) KYATHASANDRA POST, TUMAKURU TALUK, TUMAKURU DISTRCT - 572 104.
1(b). SMT.SHABANA BANU, AGED ABOUT 48 YEARS, WIFE OF ATHA ULLA, D/O LATE BASHEER AHAMED, RETIRED VILLAGE ACCOUNTANT, BEHIND HARBAL BEAUTY PARLOR, BADDIHALLI MAIN ROAD, (80 FEET ROAD), KYATHASANDRA POST, TUMAKURU TALUK, TUMAKURU DISTRICT – 572 104.
1(c). SRI P B HANUL ULLA SON OF LATE BASHEER AHAMED, RETIRED VILLAGE ACCOUNTANT, BEHIND HARBAL BEAUTY PARLOR, BADDIHALLI MAIN ROAD, (80 FEET ROAD), KYATHASANDRA POST, TUMAKURU TALUK, TUMAKURU DISTRCT - 572104.
1(d).SRI P B MANUL ULLA, AGED ABOUT 43 YEARS, SON OF LATE BASHEER AHAMED, RETIRED VILLAGE ACCOUNTANT, BEHIND HARBAL BEAUTY PARLOR, BADDIHALLI MAIN ROAD, (80 FEET ROAD), KYATHASANDRA POST, TUMAKURU TALUK, TUMAKURU DISTRCT - 572104.
2. SRI VAZEER AHAMMED, AGED ABOUT 56 YEARS, SON OF LATE ABDUL AZEEZ, RESIDING AT GOVERNMENT HIGHER URDU PRIMARY SCHOOL ROAD, UPPARAHALLI, TUMAKURU – 572 103.
3. SRI NAZEER AHAMMED, AGED ABOUT 45 YEARS, SON OF LATE ABDUL AZEEZ, RESIDING AT P.G.LAYOUT, P.H.COLONY, OPPOSITE TO TILAK PARK POLICE STATION, TUMAKURU - 572102. …RESPONDENTS (BY SRI HARISH H.V, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 18.09.2019, WHEREIN REJECTED THE OBJECTION IN THE FORM OF MEMO RAISED BY THE PETITIONERS COUNSEL FOR MARKING OF UNREGISTERED DOCUMENTS AND PERMITTED THE DW1 TO MARKS THOSE UNREGISTERED DOCUMENTS AS EXHIBITS IN O.S.NO.68/2014 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT PAVAGADA, WHICH IS PRODUCED AND MARKED AS ANNEXURE – ‘A’.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. The petitioners being the plaintiffs in a partition suit in O.S. No.68/2014 are invoking the writ jurisdiction of this Court, for assailing the order dated 18.09.2019, a copy whereof is at Annexure-‘A’, whereby the learned Senior Civil Judge, Pavagada, having rejected petitioners’ Memo, has allowed certain documents to be marked in evidence.
3. Having heard learned counsel for the parties and having perused the petition papers, this Court dispose off the writ petition with an observation that the Court below shall duly consider objection of the petitioner as to the admissibility of the subject documents now marked in evidence, keeping in view the provisions of Section 49 of the Registration Act, 1908.
All contentions of the parties having been kept open, the writ petition is disposed off.
Sd/- JUDGE SJ