Karnataka High Court
Ravi S/O. Govindraddi Budhihal vs Smt. Shashikala Alias Yallamma W/O ... on 12 January, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 106215 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 106215 OF 2023 (GM-CPC)
BETWEEN:
RAVI S/O. GOVINDRADDI BUDHIHAL
AGE: ABOUT 42 YEARS, OCC: AGRICULTURE,
R/O: SHISHVINHALLI, TALUK: NAVALGUND,
DISTRICT: DHARWAD- 581 209.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. SMT. SHASHIKALA ALIAS YALLAMMA
W/O. ASHOK PATIL,
AGED ABOUT 52 YEARS, OCC: HOUSEHOLD WORK,
GIRIJA A R/O: C/O. ASHOK A. PATIL HOUSE OF
BYAHATTI
ASHOK C. MATHAD,
Digitally
signed by WARD NO. ANANDNAGAR,
GIRIJA A
BYAHATTI MUDHOL, DISTRICT: BAGALKOT-583101.
2. SMT. YAMUNAVVA W/O. GIVINDRADDI
AGED ABOUT 68 YEARS,
OCC: HOUSEHOLD WORK,
R/O: SHISHVINHALLI, TALUK: NAVALGUND,
DISTRICT: DHARWAD- 581 209.
3. RITIKA D/O. TIMMARADDI INAMATI
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O: SHISHVINHALLI, TALUK: NAVALGUND,
DISTRICT: DHARWAD- 581 209.
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WP No. 106215 of 2023
4. SHILPA D/O. TIMMARADDI INAMATI
AGE: MAJOR, OCC: STUDENT,
R/O: SHISHVINHALLI, TALUK: NAVALGUND,
DISTRICT: DHARWAD- 581 209.
5. SMT. SUMANGALA ALIAS SUMA
W/O. KRISHNARADDI CHAPPARADAR,
AGED ABOUT 48 YEARS, OCC: HOUSEHOLD WORK,
R/O: NEGALUR TALUK, DISTRICT: HAVERI-581 213.
6. SMT. SHASHIKALA W/O. HANAMRADDI GANGARADDI
AGED ABOUT 52 YEARS, OCC: HOUSEHOLD WORK,
R/O: YARGATTI, TALUK: SAUNDATTI,
DISTRICT: BELGAUM-591 129.
7. SRI. SRINIVAS S/O. GOVINDRADDI BUDHIHAL,
AGE ABOUT 48 YEARS, OCC: AGRICULTURE,
R/O: SHISHVINHALLI, TALUK: NAVALGUND,
DISTRICT: DHARWAD- 581 209.
SRI. HANUMANTAGOUDA
S/O. PUTTANAGOUDA JEEWANAGOUDA @
JEEVANAGOUDAR
8. SHRI. RAJASHEKARGOUDA S/O. HANUMANTHGOUDA
JEEWANAGOUDA ALIAS JEEVANGOUDAR,
AGE: ABOUT 66 YEARS, OCC: AGRICULTURE,
R/O. MAIDUR RANEBENNUR TALUK,
DISTRICT: HAVERI-581110.
9. SMT. GEETA W/O. LAXMAN SAUKAR,
AGE: ABOUT 63 YEARS, OCC: AGRICULTURE,
R/O. MAIDUR RANEBENNUR TALUK,
DISTRICT: HAVERI-581110.
10. RAGUGOUDA S/O. HANUMANTHGOUDA
JEEWANAGOUDA ALIAS JEEVANAGOUDAR,
AGE: ABOUT 66 YEARS, OCC: AGRICULTURE,
R/O. MAIDUR RANEBENNUR TALUK,
DISTRICT: HAVERI-581110.
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11. SHASHIKALA W/O. RAVI BUDHIHAL,
AGE: ABOUT 56 YEARS, OCC: HOUSEHOLD WORK,
R/O. SHISHVINHALLI, TALUK: NAVALGUND,
DISTRICT: DHARWAD-581 209.
12. SUNIT S/O. HANAMRADDI KIRESUR,
AGE: ABOUT 40 YEARS, OCC: NOT-KNOWN,
R/O. SHISHVINHALLI, TALUK: NAVALGUND,
DISTRICT: DHARWAD-581 209.
13. PRADEEP S/O. HANAMRADDI KIRESUR,
AGE: MAJOR, OCC: STUDENT,
R/O. SHISHVINHALLI, TALUK: NAVALGUND,
DISTRICT: DHARWAD-581 209.
14. THE CHAIRMAN OF VPC
GRAM PANCHAYAT,
SHISHVINHALLI, TALUK: NAVALGUND,
DISTRICT: DHARWAD-581 209.
...RESPONDENTS
(BY SRI.N.P.VIVEKMEHTA, ADVOCATE FOR R1;
NOTICE TO R2 TO R14 NOTICE IS DISPENSED WITH)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO,
ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED
ORDER DATED 04.10.2023 PASSED BY THE SENIOR CIVIL
JUDGE AND JMFC, NAVALGUND ON I.A.NO. 24 IN FDP NO.
17/2023 FILED BY THE PETITIONER WHICH IS PRODUCED AT
ANNEXURE-E ONLY INSOFAR AS DOCUMENT AT SERIAL NO.
10, 12 AND 20 ARE CONCERNED AND CONSEQUENTLY ALLOW
THE I.A. NO. 24; AND ISSUE SUCH OTHER WRIT OR ORDER AS
DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION IS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 106215 of 2023
ORDER
1. The petitioner is before this Court seeking for the
following reliefs:
a. Issue writ of certiorari quashing the
impugned order dated 04.10.2023 passed
by the Senior Civil Judge and JMFC,
Navalgund on I.A.No. 24 in FDP No.
17/2013 filed by the petitioner which is
produced at Annexure-E only insofar as
document at Serial No. 10, 12 and 20 are
concerned and consequently allow the I.A.
No. 24; and
b. Issue such other writ or order as deemed
fit in the interest of justice and equity.
2. Petitioner had filed an application under Order VIII
Rule 1(A) read with Section 151 of the Code of Civil
Procedure, seeking permission to produce about 47
documents in the said proceedings. The trial Court
order vide dated 04.10.2023, partially allowed the
said application, accepting 44 documents, but
rejecting 3 documents, on the ground that those
three documents earlier having been produced in
RFA No.4034/2013 and other connected matters, by
filing an application under Order XLI Rule 27 of the
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Code of Civil Procedure, which came to be rejected
by this Court. Under the impression that the said
application had been rejected on merits, the trial
Court rejected the said 3 documents produced at
Sl.No.10, 12 and 20 of the application.
3. While disposing of RFA No.4034/2013, this Court
being of the opinion that those documents were not
required to be considered in view of the order passed
in the said RFA, had rejected the application and
there is no order on merits, as regards the said
application under Order XLI1, Rule 27 of the Code of
Civil Procedure, relating to these 3 documents.
4. In that view of the matter, I am of the considered
opinion that, in the interest of justice and not to
deprive of any one appellate remedy available to the
parties, the matter would have to be remanded to
the trial Court for fresh consideration, without being
influenced by the judgment passed in RFA
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No.4034/2013 and other connected matters, dated
08.12.2022. As such, I pass the following:
ORDER
i. Writ petition is allowed.
ii. Certiorari is issued, the impugned order dated
04.10.2023 passed on I.A.No.24 in FDP
No.17/2013 passed by the Senior Civil Judge
and JMFC, Navangund, insofar as it relates to
rejection of production of documents at
Sl.No.10, 12 and 20 of I.A.No.24 is quashed.
iii. The matter is remitted to the trial Court for
fresh consideration in accordance with law, in
terms of the observation made hereinabove.
iv. In terms of the observation made hereinabove,
that this court had not expressed any opinion
on the production or otherwise on those
documents in RFA No.4034/2013, the trial
Court shall independently consider the
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application in respect of these 3 documents and
pass necessary orders in accordance with law at
the earliest.
v. Considering that the suit and the FDP has been
long pending, the FDP Court is directed to
dispose of the matter as expeditiously as
possible, within a period of nine months from
date of receipt of certified copy of this order.
In view of disposal of the main petition, pending
I.As., if any, do not survive for consideration.
Sd/-
JUDGE
gab
Ct-mck
