Karnataka High Court
Sri. H. Sharath Kumar vs Smt. M. Anusuya on 19 April, 2021
Author: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL , 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.6906 OF 2021 (GM-CPC)
BETWEEN:
1 . SRI. H. SHARATH KUMAR,
S/O LATE HARISCHANDRA,
AGED ABOUT 42 YEARS,
SL NO.1 IS REPRESENTED
BY HIS REGISTERED GPA HOLDER
SL NO.4/SRI. H. RAJESH,
2 . SRI H. PUNEET KUMAR,
S/O LATE HARISCHANDRA,
AGED ABOUT 40 YEARS,
SL NO.2 IS REPRESENTED
BY HIS REGISTERED GPA HOLDER
SL NO.4/SRI. H. RAJESH,
3 . SMT. H. RASHMI,
S/O LATE HARISCHANDRA,
AGED ABOUT 38 YEARS,
SL NO.3 IS REPRESENTED
BY HIS REGISTERED GPA HOLDER
SL NO.4/SRI. H. RAJESH,
4 . SRI. H. RAJESH,
S/O LATE HARISCHANDRA,
AGED ABOUT 36 YEARS,
5 . SMT. H. SUREKHA,
D/O LATE HARISCHANDRA,
AGEDA BOUT 34 YEARS,
SL NO.5 IS REP BY HER GPA HOLDER
SRI. H. RAJESH,
S/O LATE HARISHCHANDRA,
SL NO.1 TO 5 ARE
RESIDING AT NO.45,
PERIANNA AGRAHARA,
NAIDU LAYOUT,
2
RAJIV GANDHI ROAD,
KANAKAPURA MAIN ROAD,
BENGALURU - 560 072.
6 . SRI B. CHANDRASHEKAR,
S/O LATE G.H. BANGERA,
AGED ABOUT 67 YEARS,
R/AT NO.12/1, 2ND MAIN,
9TH CROSS, CHARAJAPETE,
BENGALURU - 560 018.
7 . SMT. MANGALA GOWRI,
D/O LATE G.H. BANGERA,
W/O LATE RAGHURAM,
AGED ABOUT 58 YEARS,
R/AT NO.8/1, 4TH MAIN,
9TH CROSS,
RAMACHANDRA AGRAHARA,
CHAMARAJAPETE,
BENGALURU - 560 018.
8 . SRI. B. UTTAM KUMAR,
S/O LATE G.H. BANGERA,
AGED ABOUT 55 YEARS,
R/AT NO.404, BILVASHREENILAYA,
9TH CROSS, 1ST MAIN ROAD,
PANCHASHEELANAGAR,
MUDALAPALYA,
BENGALURU - 560 072.
9 . SMT. SUJATHA B,
D/O LATE G.H. BANGERA,
W/O SRI. KUMAR,
AGED ABOUT 53 YEARS,
R/AT C/O. TANUJA SRINIVAS,
DODAGUBBI VILLAGE,
BIDARA HOBLI VILLAGE,
BENGALURU EAST TALUK.
...PETITIONERS
(BY SRI. MANJUNATHA.H, ADVOCATE)
AND:
1 . SMT. M. ANUSUYA,
W/O NARAYANAPPA,
AGED ABOUT 72 YEARS,
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2 . DR. B.N. ARCHANA,
W/O DR. H. NAGARAJAIAH
AGED ABOUT 60 YEARS
AL NO. 1 & 2 ARE RESIDING AT.
NO.157, EWS 5TH CROSS,
2ND STAGE, KHB COLONY,
BASAVESHWARANAGAR,
BENGALURU - 560 017.
3 . SRI S.M. BANSALI,
S/O SRI. SOGALAL,
AGED ABOUT 58 YEARS,
R/AT NO.7/10A15, 2ND FLOOR,
CAUBRIYA LAYOUT,
KUMARA KRUPA ROAD,
BENGALURU - 560 001.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 5.03.2021 I.E., ANNEXURE-A, PASSED BY THE HONBLE
COURT OF LXIV ADDITIONAL CIVIL AND SESSIONS JUDGE
(CCH-65), AT BENGALURU CITY (CCH-65) PERMITTING TO MARK
THE XEROX COPIES OF DOCUMENTS FILED BY THE
DEFENDANT NO.2; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners being the plaintiffs in a declaration suit in
O.S.No.8352/2012 is knocking at the doors of the Writ Court
grieving against the order dated 05.03.2021, a copy whereof
is at Annexure-A whereby the learned XLIV Additional City
Civil Judge (CCH-65), Bengaluru City, has accepted a
photostat copy of the GPA dated 06.08.1990 by way of
secondary evidence invoking the provisions of Sections 65 &
66 of the Evidence Act, 1872.
2. Having heard the learned counsel for the
petitioners and having perused the petition papers, this Court
declines to grant indulgence in the matter inasmuch as, the
writ court exercising a limited supervisory jurisdiction
constitutionally vested under Article 227 is not to interdict
the ongoing suit proceedings on the basis of argued grounds
of the kind.
3. Entertaining the writ petition on the grievance
that is sought to be made out therein, militates against the
Parliamentary intent that finds utterance in the amendment
to Section 115 of CPC, 1908; amendment provides for
interference in revision only where the reversal of impugned
order results in the termination of the suit proceedings; the
petitioners can make the impugned order one of the grounds
for laying a challenge to the judgment & decree if & when
entered adverse to their interest as provided u/s 105 r/w
Order XLIII Rule 1A of the amended Code.
With the above liberty, writ petition is disposed off and
no opinion as to the validity of impugned order is expressed.
Sd/-
JUDGE
DS
