- 1 - NC: 2025:KHC-D:5866 WP No. 107804 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 107804 OF 2024 (GM-CPC) BETWEEN: 1. GURUBASAYYA S/O SHIVABASAYYA HIREMATH, AGED 71 YEARS, OCC: AGRICULTURE, R/O: YEREBAIL VILLAGE, TQ: MUNDGOD, DIST: UTTARA KANNADA -581 349. 2. SHIVAPUTRAYYA S/O SHIVABASAYYA HIREMATH, AGED 68 YEARS, OCC: AGRICULTURE, R/O: YEREBAIL VILLAGE, TQ: MUNDGOD, DIST: UTTARA KANNADA -581 349. 3. SHIVAMALLYYA S/O SHIVABASAYYA HIREMATH, AGED 69 YEARS, OCC: AGRICULTURE, R/O: YEREBAIL VILLAGE, TQ: MUNDGOD, DIST: UTTARA KANNADA -581 349. 4. SHIVANAND S/O SHIVABASAYYA HIREMATH, AGED 71 YEARS, OCC: AGRICULTURE, R/O: YEREBAIL VILLAGE, TQ: MUNDGOD, DIST: UTTARA KANNADA -581 349. … PETITIONERS (BY SRI. VISHWANATH HEDGE, ADVOCATE) AND: 1. RUDRAYYA S/O GADIGAYYA HIREMATH, AGED 43 YEARS, OCC: AGRICULTURE, R/O: UGGINAKERIL VILLAGE, TQ: MUNDGOD, DIST: UTTARA KANNADA-581 349. 2. GURUBASAYYA S/O GADIGAYYA HIREMATH, AGED 33 YEARS, OCC: AGRICULTURE, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5866 WP No. 107804 of 2024 R/O: UGGINAKERIL VILLAGE, TQ: MUNDGOD, DIST: UTTARA KANNADA-581 349. 3. GADIGAYYA S/O SHIVABASAYYA HIREMATH, AGED 73 YEARS, OCC: AGRICULTURE, R/O: UGGINAKERIL VILLAGE, TQ: MUNDGOD, DIST: UTTARA KANNADA-581 349. 4. AKKAVVA W/O VEERABHADRAYYA HIREMATH, AGED 73 YEARS, OCC: HOUSEHOLD CUM AGRICULTURE, R/O: RAMAPUR VILLAGE, TQ: KALGHATAGI DIST: UTTARA KANNADA-581 504. 5. NEELAVVA W/O RUDRAYYA PATIL, AGED 53 YEARS, OCC :HOUSEHOLD CUM AGRICULTURE, R/O: HUNASI KATTI VILLAGE, TQ: KALAGHATAGI, DIST: DHARWAD-581 504. 6. NINGAVVA W/O GADIGAYYA HIREMATH AGED 58 YEARS, OCC: HOUSEHOLD CUM AGRICULTURE, R/O: UGGINAKERIL VILLAGE, TQ: MUNDGOD, DIST: UTTARA KANNADA-581 349. 7. BASAVVA W/O SANGAYYA HIREMATH, AGED 38 YEARS, OCC: HOUSEHOLD CUM AGRICULTURE, R/O: SOLAR KOPPA VILLAGE, TQ: KALGHATAGI, DIST: DHARWAD-581 504. 8. LALITABAYI W/O YELLAPPA GANGADHAR, AGED 58 YEARS, OCC: HOUSEHOLD CUM AGRICULTURE, R/O: KALAGHATAGI VILLAGE, - 3 - NC: 2025:KHC-D:5866 WP No. 107804 of 2024 TQ: KALAGHATAGI, DIST: DHARWAD-581 504. 9. SOMASHEKAR S/O YELLAPPA GANGADHAR, AGED MAJOR, OCC: AGRICULTURE, R/O: KALAGHATAGI VILLAGE, TQ: KALAGHATAGI, DIST: DHARWAD-581 504. 10. DIVYARANI D/O YELLAPPA GANGADHAR, AGED MAJOR, OCC: HOUSEHOLD CUM AGRICULTURE, R/O: KALAGHATAGI VILLAGE, TQ: KALAGHATAGI, DIST: DHARWAD-581 504. 11. MANJUNATH S/O YELLAPPA GANGADHAR, AGED MAJOR, OCC: AGRICULTURE, R/O: KALAGHATAGI VILLAGE, TQ: KALAGHATAGI, DIST: DHARWAD-581 504. 12. NARAYAN S/O HANUMANTAPPA GANGADHAR, AGED 58 YEARS, OCC: HOUSEHOLD CUM AGRICULTURE, R/O: KALAGHATAGI VILLAGE, TQ: KALAGHATAGI, DIST: DHARWAD-581 504. 13. ANASUYA W/O RUDRAYYA KANTEMMANAVAR, AGED 50 YEARS, OCC: HOUSEHOLD CUM AGRICULTURE, R/O: UGGINAKERI VILLAGE, TQ: MUNDGOD, DIST: UTTARA KANNADA-581 349. 14. NEELAVVA W/O SHIVAYYA KATNOORMATH, AGED 48 YEARS, OCC: HOUSEHOLD CUM AGRICULTURE, R/O: UGGINAKERI VILLAGE, TQ: MUNDGOD, - 4 - NC: 2025:KHC-D:5866 WP No. 107804 of 2024 DIST: UTTARA KANNADA-581 349. 15. SUJATA @ IRAVVA KOM BASAYYA VIBHUTIMATH, AGED 42 YEARS, OCC: HOUSEHOLD, R/O: KADAKOL, TQ: RAMADURG, DIST: BELAGAVI-591 114. 16. SANGAYYA S/O GURUBASAYYA HIREMATH, AGED 38 YEARS, OCC: AGRICULTURE, R/O: YEREBAIL VILLAGE, TQ: MUNDGOD, DIST: UTTARA KANNADA-581 349. 17. SAVITA KOM MANJAYYA HIREMATH, AGED 39 YEARS, OCC: AGRICULTURE, C/O: BASAVARAJ PURANMATH, NEW CINEMA TALKIES, BANKAPUR, TQ: SHIGGAON, DIST: HAVERI-581 202. 18. POOJA D/O MANJAYYA HIREMATH, AGED 23YEARS, OCC: HOUSEHOLD, C/O: BASAVARAJ PURANMATH, NEW CINEMA TALKIES, BANKAPUR, TQ: SHIGGAON, DIST: HAVERI-581 202. …RESPONDENTS (BY SRI. MALLIKARJUNSWAMY.B.HIREMATH., ADVOCATE FOR R1-R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: - 5 - NC: 2025:KHC-D:5866 WP No. 107804 of 2024 ORAL ORDER Sri.Vishwanath Hegde., counsel for the petitioners and Sri.Mallikarjunswamy B.Hiremath., counsel for caveator – respondents 1 and 2 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 05.11.2024 passed by the Court of Senior Civil Judge and Principal JMFC, Yellapur sitting at Mundgod on I.A. No.28 in O.S. No.40/2016 vide Annexure-A. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. A short controversy is about the rejection of the application filed under Section 65 of the Indian Evidence Act. Suffice it to note that defendants 2 to 5 moved an application contending that there is a Vantani deed dated 09.07.1996. They also contended that the original Vantani deed is in the custody of the first defendant. Hence, they furnished the Xerox copy of the Vantani deed to treat it as a secondary evidence and to mark it as a document. It is significant to note that the first defendant denied the existence of such document. The - 6 - NC: 2025:KHC-D:5866 WP No. 107804 of 2024 plaintiffs contested the application. The Trial Court extenso referred to the material on record and rightly concluded that the applicants have failed to comply with Sections 63 to 66 of the Indian Evidence Act. Moreover, there are no pleadings in the written statement to support the contentions that the original deed is in custody of the first defendant. The reasoning and the conclusion arrived at by the Trial Court is just and proper. I find no grounds to interfere with the impugned order. Accordingly, the Writ Petition is dismissed. Because of the rejection of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 1 SL NO.: 26