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2026 DAILYLAW 3650 (KAR)

SRI VEERABHADRESHAIAH v. SMT. RAMAKKA

WP/11657/2026 · 2026-04-16

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20729 WP No. 11657 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11657 OF 2026 (GM-CPC) BETWEEN: SRI VEERABHADRESHAIAH S/O LATE LINGAPPA AGED ABOUT 52 YEARS R/AT KARAKALAGHATTA VILLAGE HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMAKURU DISTRICT- 572121. …PETITIONER (BY SRI. VIJAY KRISHNA BHAT. M., ADVOCATE) AND: 1. SMT. RAMAKKA W/O LATE LINGAPPA AGED ABOUT 73 YEARS. 2. K. L. MALLESHAIAH S/O LATE LINGAPPA AGED ABOUT 53 YEARS. 3. MUDDAMALLAIAH S/O LATE LINGAPPA AGED ABOUT 51 YEARS 4. SMT. RAMAKKA W/O. LATE RAMAIAH AGED ABOUT 43 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20729 WP No. 11657 of 2026 5. MS.RASHMI D/O. LATE RAMAIAH AGED ABOUT 22 YEARS 6. MR. BHARATH S/O. LATE RAMAIAH AGED ABOUT 21 YEARS R1 TO R6 ARE RESIDING AT KARAKALAGHATTA VILLAGE HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMAKURU DISTRICT- 572121. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED: 06.02.2026 PASSED ON IA.NO.II IN OS.NO.56/2023 BY THE ITINERARY SENIOR CIVIL JUDGE AND JMFC COURT, KORTAGERE, VIDE ANNEXURE-E AND CONSEQUENTLY ALLOW THE SAID APPLICATION IN IA NO.2 (ANNEXURE-C) AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 06.02.2026 passed by the Senior Civil Judge and JMFC, Koratagere (hereinafter referred to as “the trial court”) on I.A. No. II filed by the petitioner under Order - 3 - HC-KAR NC: 2026:KHC:20729 WP No. 11657 of 2026 XI Rule 14 of the Code of Civil Procedure (hereinafter referred to as “CPC”) in O.S.No.56/2023, seeking a direction to defendant No.4 to produce the original palupatti dated 28.12.2012, whereby the said application came to be rejected. 2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court. 3. The petitioner/plaintiff has filed the suit in O.S. No.56/2023 for declaration. In the written statement, defendant No. 4 has contended that there was a partition among the family members. However, there is no admission by defendant No.4 that the original palupatti dated 28.12.2012 is in his custody. Therefore, the trial court has rightly rejected the application. There is no error or illegality in the order passed by the trial Court. 4. Accordingly, the writ petition is dismissed. - 4 - HC-KAR NC: 2026:KHC:20729 WP No. 11657 of 2026 It is made clear that, during the course of evidence, if the petitioner/plaintiff elicits from defendant No. 4 regarding the custody of the document, he is at liberty to file an appropriate application. If such an application is filed, the trial Court shall consider and pass orders on merits, in accordance with law, without being influenced by the observations made in this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 27