Disposed

Sri Bhogesh v. Smt Munivenkatamma

Karnataka HC6 Mar 2021WP/4686/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order directing the petitioner to produce a will in the original. The petitioner requested to submit a certified copy instead, which the court allowed by deferring the suit proceedings, then disposed of the writ.

What did the court decide?

Trial court to consider prayer for certified copy; suit proceedings deferred; writ petition disposed off.

Sri Bhogesh Vs Smt Munivenkatamma — Karnataka HC (2021) — LawSathi Research

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF MARCH, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.4686 OF 2021 (GM-CPC)

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BETWEEN:

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SRI BHOGESH AGED ABOUT 57 YEARS, SON OF SRI N VISHWANATHAIAH, RESIDING AT NO.77, 4TH MAIN ROAD, IST PHASE, IST STAGE, MANJUNATHNAGAR, CHORD ROAD WEST, BEGNGALURU-560 010. … PETITIONER

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(BY SRI JAGADISH BALIGA N, ADVOCATE)

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AND

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SMT MUNIVENKATAMMA SINCE DEAD REPRESENTED BY LR SRI R GANGADHAR NAIDU, THE RESPONDENT

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SRI R GANGADHAR NAIDU, AGED 65 YEARS, SON OF LATE B T RAMAIAH, RESIDING AT NO.621, 2ND MAIN, 2ND CROSS, MEDAHALLI NEW EXTENSION, BENGALURU-560 049. … RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXUREA DTD.26.2.2020 ON IA FILED UNDER ORDER XI RULE 16 OF CPC IN O.S.NO.2751/2017 ON THE FILE OF LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH 65) AT BENGALURU CITY AND THEREBY DISMISS THE APPLICATION AS PRAYED FOR AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY THROUGH PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:

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ORDER

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The challenge by the defendant in a declaration suit in O.S.No.2751/2017, is to the order dated 26.2.2020, whereby

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the learned LXIV Addl. City Civil Judge, Bengaluru, has directed him to produce the original WILL dated 24.5.1993.

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Learned counsel for the petitioner after arguing the matter for sometime submits in all fairness that he has some difficulty in securing the original WILL from its present custodian and therefore, he would produce a certified copy of the same in lieu of the original which may be treated as admissible for all practical purposes of this litigation; he also agrees that it may be marked in evidence and there shall be no objection from his side.

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In view of the above, learned Judge of the court below is requested to consider the prayer of the petitioner for producing the certified copy of the WILL instead of original itself; till then, suit proceedings shall be deferred.

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Writ Petition is disposed off.

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Sd/JUDGE

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cbc

Sri Bhogesh v. Smt Munivenkatamma

Case brief

What is this about?

What did the court decide?

Sri Bhogesh v. Smt Munivenkatamma

Case brief

What is this about?

What did the court decide?

What the court decided

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