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2026 DAILYLAW 30166 (KAR)

SRI. JAVAREGOWDA v. SRI.K.J.VENKATARAMU

WP/2098/2021 · 2026-07-22

Vijaykumar A Patil

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010138362020 NC: 2026:KHC:37683 W.P. No.2098/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.2098/2021 (GM-CPC) BETWEEN: SRI. JAVAREGOWDA S/O LATE PUTTEGOWDA AGED ABOUT 65 YEARS R/AT. KOMALAPURA VILLAGE AND POST BETTADAPURA HOBLI, PERIYAPATNA TALUK MYSORE DISTRICT - 571102. …PETITIONER (BY SRI. RAMU V, ADV., FOR SRI. SUNIL S. NARAYAN, ADV.,) AND: 1. SRI. K.J. VENKATARAMU S/O LATE JAVAREGOWDA AGED ABOUT 55 YEARS. 2. SMT. JAYAMMA W/O K.J. VENKATARAMU AGED ABOUT 48 YEARS. BOTH ARE R/AT KOMALAPURA VILLAGE AND POST BETTADAPURA HOBLI PERIYAPATNA TALUK MYSORE DISTRICT - 571102. …RESPONDENTS (BY SRI. B.S. NAGARAJ, ADV., FOR R1 R2 SERVED) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010138362020 NC: 2026:KHC:37683 W.P. No.2098/2021 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTION TO QUASH/SET ASIDE THE ORDER DATED 17.02.2020 ON I.A.NO.XIX (19) PASSED IN O.S.NO.54/2010, ON THE FILE OF CIVIL JUDGE AND JMFC, PIRIYAPATNA, AT ANNEXURE-F & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking the following reliefs: “i) Issue a Writ of certiorari, or any other writ, order or direction of similar nature to quash/set aside the order dated: 17/2/2020 on IA.No.XIX(19) passed in O.S.No.54/2010, on the file of Civil Judge and JMFC, Piriyapatna, at Annexure ‘F’. ii) To pass such other order/s, as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.” 2. Heard the learned counsel for the petitioner, the learned counsel for the respondents and meticulously perused the material available on record. 3. The petitioner filed a suit in OS.No.54/2010 seeking a declaration that the suit 'A' schedule property is - 3 - HC-KAR CNR: KAHC010138362020 NC: 2026:KHC:37683 W.P. No.2098/2021 the ancestral property of the plaintiff, and other consequential reliefs. In the said suit, the defendants filed a detailed written statement. The trial Court framed the issues, the issues were recasted on 29.01.2019 and the parties adduced their evidence. Thereafter, the plaintiff filed an application under Order VII Rule 14 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') seeking condonation of delay and permission to produce certain additional documents. The application was opposed by the defendants, and the trial Court, under the impugned order rejected the application. 4. It is required to be noticed that the plaintiff is contending that after recasting of the issues, the additional documents sought to be produced are necessary, as the burden is on the plaintiff to prove that the registered sale deed dated 23.01.1985 is executed in favour of one Sri.Eregowda, son of late Sri.Javaregowda in respect of property measuring 72x43 feet with the boundaries. The - 4 - HC-KAR CNR: KAHC010138362020 NC: 2026:KHC:37683 W.P. No.2098/2021 plaintiff further stated that in order to prove the same, these documents are necessary and he could not produce these documents earlier due to ill health. It is further required to be noticed that this application was filed after the plaintiff argued the matter finally and when the matter was posted for the defendants’ arguments. It is also required to be noticed that the petitioner/plaintiff had earlier filed similar applications seeking permission to produce additional documents, which were rejected by the trial Court vide orders dated 02.01.2018 and 02.08.2019 and those orders have attained finality. Considering the aforesaid aspects, the trial Court has rightly rejected the application. I do not find any good ground to interfere with the order. Accordingly, the writ petition is devoid of merits and the same is rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 20