Samyukta Finance (R) Sirsi vs Smt. Jaya Venkatraman Hegde
2023 Latest Caselaw 5294 Kant

                                                              -1-
                                                                        NC: 2023:KHC-D:8360
                                                                         WP No. 101520 of 2021




                                     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                          DATED THIS THE 4TH DAY OF AUGUST, 2023

                                                            BEFORE

                                     THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                                        WRIT PETITION NO. 101520 OF 2021 (GM-CPC)

                                BETWEEN:

                                SAMYUKTA FINANCE (R) SIRSI,
                                RITTI BUILDING HOSPET ROAD,
                                SIRSI (U.K.)-581401,
                                REPRESENTED BY ITS MANAGER,
                                SHRI P.S. HEGDE,
                                AGE: 62 YEARS,
                                SIRSI (U.K.)-581401.
                                                                            ...PETITIONER
                                (BY SRI LINGESH V. KATTEMANE, AND SRI S.G. KADADAKATTI,
                                ADVOCATES)

                                AND:

                                1.   SMT. JAYA VENKATRAMAN HEGDE,
                                     AGE: 60 YEARS, OCC: HOUSEWIFE,
                                     SAMBHIMANE, POST: BHAIRUMBE,
                                     SIRSI TALUK,
             Digitally signed        NOW RESIDING AT
             by

MOHANKUMAR
             MOHANKUMAR
             B SHELAR                MANCHALE KANGOD,
             Location:
B SHELAR
             DHARWAD
             Date:
                                     SHIMOGA ROAD, SAGAR,
             2023.08.10
             13:00:55 -0700          DIST: SHIMOGA-577401.

                                2.   KUM. PRIYA D/O. VENKATRAMAN
                                     MAHABALESHWAR HEGDE,
                                     A/A: 34 YEARS,
                                     R/O: SAMBHIMANE,
                                     POST: BHAIRUMBE,
                                     TALUK: SIRSI, DIST: U.K.-581401.

                                3.   SHRI MAHABALESHWAR VENKATRAMAN HEGDE,
                                     AGE: 66 YEARS, OCC: BUSINESS,
                                     AT POST: HULGOL,
                                     TALUK: SIRSI, DIST: U.K.-581401.
                                   -2-
                                          NC: 2023:KHC-D:8360
                                            WP No. 101520 of 2021




4.   SHRI SHRIPAD VISHWESHWAR HEGDE,
     AGE: 56 YEARS, OCC: BUSINESS,
     R/O: HALDOT, POST: CHIGGI,
     TALUK: SIRSI, DIST: U.K.-581401.

                                              ...RESPONDENTS
(BY SRI S.V. YAJI, ADVOCATE FOR R3; NOTICE TO R1 AND R4 ARE
SERVED; NOTICE TO R2 IS HELD SUFFICIENT)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS;
ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH ORDER
DATED 17.03.2021 PASSED BY THE SENIOR CIVIL JUDGE, SIRSI, ON
I.A.NO.7 AND ORDER DATED 26.03.2021 ON I.A. NO-9 IN O.S.
27/2011 VIDE ANNEXURE-G AND K BY ALLOWING THE APPLICATION.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                                 ORDER

The captioned petition is filed by the plaintiff assailing the

order of the learned Judge passed on I.A.No.7 filed under

Sections 34 and 58 of the Indian Stamp Act. Learned Judge has

entertained the application and has impounded the document

tendered vide Ex.8 and 9.

2. Heard the learned counsel for the petitioner and

learned counsel for the respondents. The question that arise for

consideration at the hands of this court is, whether learned

Judge erred in entertaining the application filed by the

defendants ignoring the law laid down by the Hon'ble Apex

Court in the case of Sirkonda Madhava Rao vs.

NC: 2023:KHC-D:8360 WP No. 101520 of 2021

N.Hemalatha & Others in SLP(C) os.14882-14883/2022.

In the judgment cited supra, the Hon'ble Apex Court clearly

held that if the document is tendered and marked without

objection, the aggrieved party cannot later object the marking.

Therefore, the impugned order under challenge is blatantly

erroneous and contrary to the law laid down by the Hon'ble

Apex Court.

3. For the reasons stated supra, the writ petition is

allowed. The impugned order dated 26.03.2021 passed on

I.A.No.7 is set aside.

4. In view of reversal of the order passed on I.A.No.7,

the order passed on I.A.No.9 seeking revival of the order does

not survive for consideration.

Sd/-

JUDGE

MBS