Karnataka High Court
Sri Munipoojappa vs Smt. Narayanamma on 30 October, 2023
Bench: S.G.Pandit
-1-
NC: 2023:KHC:38524
WP No. 1825 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 1825 OF 2021 (GM-CPC)
BETWEEN:
SRI MUNIPOOJAPPA
S/O PILLAIAH,
AGED ABOUT 65 YEARS,
R/AT DOODAHULLUR VILLAGE,
KASABA HOBLI, HOSKOTE TALUK,
BENGALURU RURAL DISTRICT.
...PETITIONER
(BY SRI. R HEMANTH RAJ, ADV.)
AND:
1. SMT. NARAYANAMMA
W/O LATE NARAYNAPPA,
AGED ABOUT 71 YEARS,
R/A SARKAR GUTTAHALLI VILLAGE,
Digitally signed by KASBA HOBLI, HOSKOTE TALUK,
A K CHANDRIKA BENGALURU RURAL DISTRICT-562114.
Location: High
Court Of
Karnataka 2. SMT. MANJULA DEVI
D/O LATE NARAYNAPPA,
AGED ABOUT 39 YEARS,
R/A SARKAR GUTTAHALLI VILLAGE,
KASBA HOBLI, HOSKOTE TALUK,
BENGALURU RURAL DISTRICT-562114.
3. SRI SANTHOSH KUMAR
S/O LATE NARAYNAPPA,
AGED ABOUT 34 YEARS,
R/A SARKAR GUTTAHALLI VILLAGE,
KASBA HOBLI, HOSKOTE TALUK,
BENGALURU RURAL DISTRICT.
-2-
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WP No. 1825 of 2021
4. SRI CHINNAPPAIAH
S/O PILLAIAH,
AGED ABOUT 59 YEARS,
R/AT DODDAHULLUR VILLAGE,
KASABA HOBLI, HOSKOTE TALUK,
BENGALURU RURAL DISTRICT.
...RESPONDENTS
(BY SRI. K.G. RAMAKRISHNAIAH, ADV. FOR R1 TO R3
SRI D.N. JAYARAMA, ADV. FOR R4)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO SET ASIDE QUASH THE
ORDER DATED 17.12.2020 PASSED BY THE COURT OF VI
ADDITIONAL SESSIONS JUDGE BENGALURU RURAL DISTRICT
BENGALURU IN R.A.NO.153/2018 PRODUCED VIDE ANENURE-E.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner, appellant in R.A.No.153/2018 on the file
of the VI Additional District and Sessions Judge, Bengaluru
Rural District, Bengaluru (for short, 'Appellate Court') is
before this Court praying to set aside order dated
17.12.2020 (Annexure-E).
2. Heard the learned counsel Sri.R.Hemanth Raj
for petitioner/appellant, learned counsel
Sri.K.G.Ramakrishnaiah for respondent Nos.1 to 3 and
learned counsel Sri.D.N.Jayarama for respondent No.4.
Perused the writ petition papers.
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WP No. 1825 of 2021
3. Learned counsel for the petitioner/appellant
would submit that petitioner/appellant filed
R.A.No.153/2018 challenging the judgment and decree
dated 13.11.2018 in O.S.No.2757/2006. It is submitted
that in the appeal, petitioner/appellant had produced
additional documents which were permitted to mark as
Ex.D30 and Ex.D31 through DW1. But,
petitioner/appellant sought permission to produce
additional documents to mark through DW1 on 17.12.2020
and the Appellate Court refused to receive documents.
Learned counsel for the petitioner/appellant would submit
that as the petitioner/appellant had filed application for
production of documents earlier, the Appellate Court ought
to have taken the documents submitted subsequently.
4. Learned counsel Sri.K.G.Ramakrishnaiah for
respondent Nos.1 to 3 would support the order of
Appellate Court and would submit that unless the
documents are filed in accordance with law i.e., by filing
application under Order XLI Rule 27 of CPC, Appellate
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WP No. 1825 of 2021
Court would not get jurisdiction to receive additional
documents. Thus, he prays for dismissal of writ petition.
5. Having heard the learned counsel appearing for
the parties and on perusal of the writ petition papers, I am
of the view no ground is made out to interfere with
impugned order.
6. It is an admitted fact that on 17.12.2020,
petitioner/appellant placed on record additional documents
along with application under Order XLI Rule 27 of CPC. If
petitioner/appellant intends to produce additional
documents, Order XLI Rule 27 of CPC would permit
production of documents by filing application. When
petitioner/appellant intends to produce additional
documents, it would be appropriate for
petitioner/appellant to produce those documents through
an application under Order XLI Rule 27 of CPC. No fault
could be found with the order of the Appellate Court in
refusing to receive additional documents which is not
accompanied by any application.
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WP No. 1825 of 2021
7. It is open for the petitioner/appellant to file
additional documents along with proper application. If
such application is filed, Appellate Court to consider the
same in accordance with law. Ex.D30 and Ex.D31 are
marked through DW1 by accepting application filed under
Order XLI Rule 27 of CPC, the same shall not be disturbed.
With the above, writ petition stands disposed of.
Sd/-
JUDGE
NC
CT:bms
