Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 19TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE
W.P. NO.100875/2018 (GM-CPC)
BETWEEN
SHRI. DODDASOMAPPA S/O. BASAPPA WALIKAR AGE:62 YEARS, OCC:AGRICULTURE, R/O PATLACHINTI, TQ:KUSHTAGI.
... PETITIONER (BY SRI. SANGRAM S KULKARNI, ADV.)
AND
1.
SHRI. SHARANAPPA S/O. BASAPPA RAJUR AGE:48 YEARS, OCC:AGRICULTURE, R/O PATLACHINTI, TQ:KUSHTAGI.
2.
SHRI MASTEPPA S/O. BASAPPA RAJUR AGE:46 YEARS, OCC:AGRICULTURE, R/O PATLACHINTI, TQ:KUSHTAGI.
3.
RAGHAVENDRA S/O. MALLIKARJUNA RAJUR AGE:24 YEARS, OCC:AGRICULTURE, R/O PATLACHINTI, TQ:KUSHTAGI.
4.
SHRI MANJUNATH S/O. MALLIKARJUN RAJUR AGE:21 YEARS, OCC:AGRICULTURE, R/O PATLACHINTI, TQ:KUSHTAGI.
5.
SHRI BASAPPA S/O. YEMANURAPPA WALIKAR AGE:22 YEARS, OCC:AGRICULTURE, R/O PATLACHINTI, TQ:KUSHTAGI.
... RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED:06.01.2018 IN O.S.NO.452/2014
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PASSED BY THE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC, KHUSTAGI VIDE ANNEXURE-G.
THIS WP COMING ON FOR PRELIMINARY HEARING, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Mr.Sangram S. Kulkarni, learned counsel for the petitioner.
2. Taking into account the order which this Court proposes to pass in this writ petition, it is not necessary to issue notice to the respondents.
3. Petition is admitted for hearing.
4. Heard.
5. In this petition under Article 227 of the Constitution of India, the petitioner inter alia assailed the validity of the order dated 06.01.2018 by which the Trial Court has held that even if a document is unregistered and stamp duty has been duly paid on it, the same cannot be looked into for any purpose.
6. I have heard the learned counsel for the petitioner and have perused the record.
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7. The Supreme Court in S.Kaladevi vs. V.R.Somasundaram (AIR 2010 SC 1654) has held that an unregistered document can be looked into for collateral purposes.
8. In view of aforesaid enunciation of law by the Supreme Court, the findings contained in the impugned
order that since the document is unregistered, therefore, same cannot be looked into, even for collateral purpose is hereby quashed. It is needless to state that the unregistered document produced by the petitioner shall be read into evidence for collateral purposes.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE
Rsh