- 1 - HC-KAR NC: 2025:KHC-D:18051 WP No. 105350 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEDGE WRIT PETITION NO. 105350 OF 2024 (GM-CPC) BETWEEN: 1. SRI. ULAVAPPA S/O. APPAYYAPPA CHAKKADI, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. KABBALGERI ONI, UGARDKHOD VILLAGE, TQ: KITTUR, DIST: BELAGAVI. 2. SRI. ANAND S/O. ULAVAPPA CHAKKADI, AGE: 31 YEARS, OCC: AGRICULTURE, R/O. KABBALGERI ONI, UGARDKHOD VILLAGE, TQ: KITTUR, DIST: BELAGAVI. 3. SRI. MAHANTESH S/O. APPAYYAPPA CHAKKADI, AGE: 43 YEARS, OCC: AGRICULTURE, R/O. KABBALGERI ONI, UGARDKHOD VILLAGE, TQ: KITTUR, DIST: BELAGAVI. 4. SRI. GANGAPPA S/O. APPAYYAPPA CHAKKADI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O. KABBALGERI ONI, UGARDKHOD VILLAGE, TQ: KITTUR, DIST: BELAGAVI. 5. SRI. APPAYYAPPA S/O. BASAVANTAPPA CHAKKADI, SINCE DIED R/BY HIS LR’S. 5(A) SMT. GOURAVVA W/O. APPAYYAPPA CHAKADI, AGE: 85 YEARS, OCC: NIL, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2025.12.16 11:21:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18051 WP No. 105350 of 2024 R/O. KABBALGERI ONI, UGARDKHOD VILLAGE, TQ: KITTUR, DIST: BELAGAVI. 5(B) ULAVAPPA S/O. APPAYYAPPA CHAKADI, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. KABBALGERI ONI, UGARDKHOD VILLAGE, TQ: KITTUR, DIST: BELAGAVI. 5(C) SMT. SHIVAKKA W/O. GANGAPPA GIRENNAVAR, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O. PANCHAYAT BACKSIDE ROAD, HOLIHOSUR, TQ: BAILHONGAL, DIST: BELAGAVI. 5(D) SMT. KALLAVVA W/O. IRAPPA GIRENNAVAR, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O. PANCHAYAT BACKSIDE ROAD, HOLIHOSUR, TQ: BAILHONGAL, DIST: BELAGAVI. 5(E) SMT. RATANAVVA W/O. MALLIKARJUN NARASANNAVAR, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O. MARDI NAGALAPUR, TQ: BAILHONGAL, DIST: BELAGAVI. 5(F) BASAVVA W/O. SHEKAR JAPTI, AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O. #675 GRAM DEVI ONI, BAGEWADI, HIREBAGEWADI, TQ: AND DIST: BELAGAVI. 5(G) SHANTAVVA W/O. GURAPPA KARAVINAKOPPA, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O. 280A GAJAPATI, BELAGAUM, DIST: BELAGAVI. - 3 - HC-KAR NC: 2025:KHC-D:18051 WP No. 105350 of 2024 5(H) MAHANTESH S/O. APPAYYAPPA CHAKKADI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O. DAPALIYAVAR ONI, UGARDHOD, TQ: KITTUR, DIST: BELAGAVI. 5(I) GANGAPPA S/O. APPAYYAPPA CHAKKADI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. DAPALIYAVAR ONI, UGARDHOD, TQ: KITTUR/BAILHONGAL, DIST: BELAGAVI. …PETITIONERS (BY SRI. AMEET KUMAR DESHPANDE, SENIOR COUNSEL FOR SRI. S.G. NANDOOR, ADVOCATE) AND: SMT. PARVATI W/O. PATRAYYA KULKARNI, AGE: 59 YEARS, OCC: HOUSE WORK, R/O. UGARDKHOD VILLAGE, NOW AT. 2ND CROSS, PATRI BASAV NAGAR, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI. …RESPONDENT (BY SRI. A.D. SHILLEDAR, ADVOCATE AND SRI. SANTOSH B. RAWOOT, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ORDER DATED 27/08/2024 PASSED BY HON’LE SENIOR CIVIL JUDGE BAILHONGAL IN O.S NO.107/2022 (ANNEXURE-A); TO ALLOW WRIT PETITION BY DIRECTING THE TRAIL COURT TO MARK THE DOCUMENT I.E CERTIFIED COPY OF THE AGREEMENT OF SALE DEED DATED 19/03/2009 AS EXHIBIT IN THE SUIT BEARING IN O.S. NO.107/2022 (ANNEXURE-H). THIS PETITION COMING ON FOR FURTHER PRELIMINARY HEARING IN ‘B’ GROUP , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:18051 WP No. 105350 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned Senior Counsel Sri. Ameet Kumar Deshpande appearing for the petitioners and the learned counsel appearing for the respondent. 2. This petition is filed assailing the order dated 27.08.2024 passed in O.S.No.107/2022 on the file of Senior Civil Judge, Bailhongal, wherein the Trial Court has refused to mark the certified copy of the agreement dated 09.03.2009 produced by the defendant. 3. Learned Senior Counsel for the petitioners would urge that the reason for declining to mark the document is not explicit from the order and impugned order is untenable. 4. The Court can infer that the document is not marked on the premise that it is not registered and it is a certified copy (not original). 5. Learned counsel for the respondent/plaintiff would urge that the document is not registered and as such, it is - 5 - HC-KAR NC: 2025:KHC-D:18051 WP No. 105350 of 2024 inadmissible in evidence. Learned counsel would refer to Section 49 of the Registration Act. 6. Learned Senior Counsel appearing for the petitioners would urge that all objections relating to the admissibility or otherwise of the document except the objection relating to the stamp duty can be decided at the time of final hearing of the document and the document can be tentatively marked for the purpose of identification and to enable the parties to cross- examine the party on the basis of the said document. 7. The Court has considered the contentions raised at the Bar and perused the records. 8. The law on this point is well settled. The Apex Court in the case of Bipin Shantilal Panchal vs State of Gujarat and another1 has held that all objections relating to the admissibility of the document can be addressed later, except the objection relating to the payment of stamp duty. 9. In this case, it is not in dispute that the stamp duty has been paid and penalty is also paid. 1 AIR 2001 SC 1158 - 6 - HC-KAR NC: 2025:KHC-D:18051 WP No. 105350 of 2024 10. Under the circumstances, the document be marked tentatively for the purpose of identification. The parties are also permitted to cross-examine on the said document. 11. Any cross-examination on the said document shall be subject to the final finding of the Court relating to the admissibility of the document. 12. At the time of final disposal, the Trial Court shall also consider whether the document requires registration or not. 13. With these observations, the following: ORDER i. The writ petition is allowed in part. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK LIST NO.: 1 SL NO.: 77