- 1 - NC: 2025:KHC:8128 WP No. 25617 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25617 OF 2023 (GM-CPC) BETWEEN: SRI. SELVARAJAN S/O H K SHANMUGAKHANDER AGED ABOUT 37 YEARS R/AT OPP BSNL OFFICE HULIYAR ROAD, HIRIYUR TOWN-577598 …PETITIONER (BY SRI. MARUTHI G B.,ADVOCATE) AND: 1. SMT. LOKAMBIKA W/O SELVARAJ D/O H K SHANMUGAKHANDER AGED ABOUT 52 YEARS R/AT ASHRAYA COLONY NANJAIAHNA KOTTIGE HIRIYUR TOWN-577598. 2. SMT KALPANA W/O MANI D/O H K SHANMUGAKHANDER AGED ABOUT 47 YEARS R/AT NANJAIAHNA KOTTIGE HIRIYUR TOWN-577598 …RESPONDENTS (BY SRI.SHIVARAJ N ARALI, .,ADVOCATE FOR R2: NOTICE TO R1 IS SERVED AND UNREPRESENTED) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8128 WP No. 25617 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED ORDER DATED 05.10.2023 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, HIRIYUR, IN O.S.NO.3/2016 VIDE ANNEXURE-A BY PERMITTING THE PETITIONER HEREIN TO MARK THE RELINQUISHMENT DEED DATED 04.07.1995 AS ONE OF THE EXHIBITS. THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 226 of the Constitution of India is filed by the petitioner-defendant No.1 challenging the order dated 05.10.2023 passed by the Senior Civil Judge and JMFC, Hiriyur, on admissibility of document, in O.S.No.3/2016, whereby the Trial Court has not permitted the defendant No.1 to mark the relinquishment deed dated 04.07.1995. 2. The plaintiff filed the suit for partition and separate possession. After issuance of suit summons, the defendants appeared through counsel and filed written statement. The defendant No.1 has been examined as DW-1. During the examination of DW-1, he has sought to - 3 - NC: 2025:KHC:8128 WP No. 25617 of 2023 mark the relinquishment deed dated 04.07.1995 executed by the defendant No.2 in favour of Mr.Shanmugam Khandar. The Trial Court, by impugned order has rejected the prayer of the defendant No.1 on the ground that the relinquishment deed dated 04.07.1995 is not admissible in evidence for want of registration. Being aggrieved by the said order, the defendant No.1 is before this Court. 3. Learned counsel for the petitioner submits that the suit is filed for partition and separate possession. During the examination of defendant No.1 (DW-1), he has marked the relinquishment deed dated 10.06.2010 executed by the plaintiff in favour of Mr.Shanmugam Khandar as Ex.D-1. Thereafter, when he sought to mark a similar relinquishment deed dated 04.07.1995 executed by the defendant No.2 in favour of Mr.Shanmugam Khandar, the same came to be refused to be marked on the ground that it is not a registered document. He further submits that the relinquishment deed dated 04.07.1995 has been registered by paying deficit stamp duty and penalty as per - 4 - NC: 2025:KHC:8128 WP No. 25617 of 2023 the order dated 22.01.2021 passed by the before the District Registrar Office, Chitradurga. 4. The order dated 22.01.2021 passed by the District Registrar Office, Chitradurga, discloses that the defendant No.1 has paid the deficit stamp duty and penalty on the relinquishment deed dated 04.07.1995. The Trial Court without considering this aspect of the matter and without considering that the similar release deed executed by plaintiff in favour of one Mr.Shanmugam Khandar has been permitted to be marked, has erred in passing the impugned order. 5. Under the circumstances and in the interest of justice, this Court is of the opinion that the impugned order is liable to be set aside. 6. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. - 5 - NC: 2025:KHC:8128 WP No. 25617 of 2023 b) The order dated 05.10.2023 passed by the Senior Civil Judge and JMFC, Hiriyur, in O.S.No.3/2016, is set aside. c) The Trial Court is directed to reconsider the matter afresh, in accordance with law, without being influenced by any observations made in this order. d) All the contentions of the parties are kept open. All pending I.A.s before this Court, if any, are accordingly disposed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 37