Sri C P Balaji vs C P Renuka
2024 Latest Caselaw 4242 Kant

Citation : 2024 Latest Caselaw 4242 Kant
Judgement Date : 12 February, 2024

Karnataka High Court

Sri C P Balaji vs C P Renuka on 12 February, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                        -1-
                                                     NC: 2024:KHC:5857
                                                   WP No. 936 of 2024




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 12TH DAY OF FEBRUARY, 2024

                                     BEFORE
                THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                   WRIT PETITION No.936 OF 2024 (GM-CPC)
            BETWEEN:

            SRI C P BALAJI
            AGED ABOUT 52 YEARS
            S/O LATE C V PANDURANGA
            RESIDENT OF NO.301, 11TH 'A' CROSS,
            20TH MAIN, J P NAGAR 2ND PHASE
            BANGALORE-560 078
                                                          ...PETITIONER
            (BY SRI AJAY KADKOL.T, ADVOCATE)

            AND:

            C P RENUKA
            W/O DR T P SATISH
            AGED ABOUT 46 YEARS
            RESIDING AT UPSTAIRS
            SRI BHAIRAVESHWARA NILAYA
Digitally
signed by   ANCHEKERI BEEDHI
VANDANA S   SRIRANGAPATTANA-571438
Location:
HIGH                                                    ...RESPONDENT
COURT OF    (BY SRI AJAY GOVINDRAJ, ADVOCATE)
KARNATAKA
                  THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE
            CONSTITUTION OF INDIA PRAYING TO ORDER REVERSING AND
            SETTING ASIDE OF THE ORDER DATED 27/10/2023 PASSED IN OS
            No.4299/2005 PENDING ON THE FILE OF THE I ADDL. CITY CIVIL
            JUDGE, BANGALORE, REJECTING THE APPLICATION FILED BY THE
            PETITIONER / DEFENDANT NO.1 UNDER ORDER XI RULE 14 READ
            WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE SEEKING
            DIRECTION TO RESPONDENT / PLAINTIFF TO PRODUCE THE
            ORIGINAL COPY OF THE LAST WILL OF LATE PANDURANGA SHETTY
            DATED 11/01/1995 WHICH IS PRODUCED AS ANNEXURE-H AND
            ETC.,
                                -2-
                                              NC: 2024:KHC:5857
                                            WP No. 936 of 2024




     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                             ORDER

This petition is directed against the impugned Order

dated 27.10.2023 passed in O.S.No.4299/2005 passed by the I

Addl. City Civil and Sessions Judge, Bengaluru, whereby,

application I.A.No.35 filed by petitioner/defendant Nos.1 to 3

under Order XI Rule 14 of the Code of Civil Procedure for

direction to the respondent/plaintiff to produce original Will

dated 11.01.1995 was rejected by the Trial Court.

2. Heard Sri Ajay Kadkol, advocate for petitioner and Sri

Ajay Govindraj, advocate for respondent.

3. A perusal of the material on record indicates that the

respondent/ plaintiff instituted the aforesaid suit against the

petitioner/ defendants for partition and separate possession of

alleged share in the suit schedule immovable properties. The

said suit is being contested by the petitioner/defendants who

adduced oral and documentary evidence including producing

document Ex.D.8 in order to establish that the original Will

dated 11.01.1995 is in the custody of the plaintiff.

NC: 2024:KHC:5857

4. The specific contention of the petitioner that original Will

dated 11.01.1995 is in the custody of the plaintiff is seriously

and vehemently disputed by the respondent/plaintiff.

5. In this regard, learned counsel for the respondent

submits that the original Will dated 11.01.1995 is not in the

custody or possession of the plaintiff and as such, the Trial

Court was fully justified in rejecting the application filed by the

petitioner by passing the impugned Order.

6. A perusal of the impugned Order will indicate that the

Trial Court has given various reasons as to why the application

I.A.No.35 was liable tobe rejected.

7. However, without going into the merits and demerits of

the rival contentions and without expressing any opinion on the

same, in the light of the specific submissions made on behalf of

respondent by the learned counsel that the original Will dated

11.01.1995 is not in custody of the respondent, I deem it just

and appropriate to dispose of this petition by modifying the

impugned order and by disposing of I.A.No.35 leaving open all

rival contentions including the contentions as regarding the

NC: 2024:KHC:5857

custody of original Will dated 11.01.1995 to be decided by Trial

Court at the time of final disposal of the suit.

8. In the result, the following:

ORDER

(i) Petition is hereby disposed of.

(ii) The impugned Order dated 27.10.2023 passed in O.S.No.4299/2005 on the file of the I Addl.

City Civil Judge, Bengaluru, is hereby modified.

(iii) I.A.No.35 filed by the petitioner stands disposed of directing the Trial Court to decide all issues between the parties at the time of final judgment including the issue/question regarding custody of original Will dated 11.01.1995, bearing in mind the rival contentions of the parties in this regard.



      (iv)    The   Trial    Court        is    directed      to        provide
              opportunity     to    both        the    parties     to    make

submissions on merits of the main matter, on 15th February 2024 and proceed to pronounce the judgment, in accordance with law.

Sd/-

JUDGE kcm