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.11268 OF 2017 & WRIT PETITION Nos.40630-40631 OF 2018 BETWEEN:
1. Smt.Thunga Bai, W/o. Late. Annu Naika, Since deceased rep. by LR:
1(a) Jaya Poojari, S/o. Late. Annu Naika, Aged about 35 years, R/at Santhosh Nagar, Karamballi House, Shivalli Village, Kunjibettu Post, Udupi Taluk & District.
2. Mr. Sheena Naika, S/o. Late Annu Naika, Since deceased by LRs.:
2(a) Smt.Indira, Aged 66 years, W/o. Late Sheena Naik, 2(b) Sri. Chandrashekar, S/o. Seena Naika, Aged about 38 years, Both R/at. Santhosh Nagar, Karamballi House, Shivalli Village, Kunjibettu Post, Udupi Taluk & District, Pin-576 102. ... PETITIONERS (By Sri. K. Chandrashekar Achar, Adv.) AND:
1. Sri. Carthin D’Souza, Aged about 68 years, 2. Sri. Alphons D’Souza, Aged about 64 years, 3. Sri. Pannam D’Souza, Aged about 62 years, 4. Sri. Fedrick D’Souza, Aged about 60 years, 5. Sri. Felix D’Souza, Aged about 56 years, 6. Sri. Leena D’Souza, Aged about 54 years, 7. Sri. Rocky D’Souza, Aged about 52 years, 8. Sri. Robert D’Souza, Aged about 50 years, Nos. 1 to 8 are the children Of Thomas D’Souza, 9. Smt. Anni Bai, Aged about 51 years, 10. Sri.Dinesh D’Souza, Aged about 31 years, 11. Sri.Divana D’Souza, Aged about 33 years, No.9 is the widow and Nos.10 and 11 are children of late Mathais D’Souza, All the respondents are Residing at Mallampalli, Near Railway Bridge, Perampally, Shivalli Village, Kunjibettu Post-576 102, Udupi Taluk & District. ... RESPONDENTS (By Sri. S.K.Acharya, Adv. for R1 to R8; R9-Served, but unrepresented;
Notice to R10 & R11 is dispensed with) These Writ Petitions are filed under Article 227 of the Constitution of India praying to quash the order dated 16.11.2016 passed in O.S.No.430/2010 on the file of II Addl. Civil Judge and JMFC, Udupi on I.A.Nos.20 to 22 as per Annx-G.
These petitions coming on for Admission this day, the Court made the following:
O R D E R Petitioners have challenged the order dated 16.11.2016 passed on I.A. Nos.20 to 22 in O.S.
No.430/2010 on the file of II Addl. Civil Judge and JMFC, Udupi, wherein these applications have been rejected.
2. The plaintiffs / petitioners have instituted O.S. No.430/2010 against the defendants for declaration and consequential relief of perpetual injunction. It is discernable that the petitioners have filed the present applications seeking to re-open the case, recall PW-1 and seeking permission to produce the documents namely, the certified copies of the order sheet in O.S. No.227/2004, the plaint and I.A.2 in the said suit and also the rough sketch.
3. When the matter was posted for arguments, the said applications were filed. The Trial Court analysing the vital aspects, rejected the applications on the ground that the documents which are now sought to be placed on record by the petitioners would have been obtained at the earliest possible opportunity, and the attempt made by the petitioners to place them on record at the fag end of the proceedings would prejudice the rights of the other side and in such circumstances, it can be inferred that the petitioners have filed these applications only to protract the proceedings. These findings of the Trial Court do not call for any interference by this Court.
No jurisdictional error is found in the order impugned.
Writ petitions stand dismissed as devoid of merit.
SD/- JUDGE sac*