Partly allowed

Sri.Narayanappa v. Sri.Muniyappa

Karnataka HC2 Nov 2022WP/11878/2022

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition under Article 227 praying to quash the Civil Court's order disallowing production of a document. The Court allowed the petitioners liberty to file an application for leave to produce the document for collateral purposes under Section 49 of the Registration Act, 1998.

What did the court decide?

The writ petition was disposed of with liberty to the petitioners to file an application for leave to produce the document for collateral purposes.

Sri.Narayanappa Vs Sri.Muniyappa — Property and Title | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 02^ND DAY OF NOVEMBER 2022

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.11878/2022 (GM-CPC)

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BETWEEN :

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SRI.NARAYANAPPA S/O LATE DASAPPA AND SMT SIDDAMMA AGED ABOUT 57 YEARS R/AT APPASANDRA VILLAGE NARASAPURA HOBLI KOLAR TALUK 563133.

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SMT BATHEPPA S/O LATE DASAPPA AND SMT SIDDAMMA AGED 54 YEARS R/O V V EXTENSION KANOORAHALLI ROAD HOSAKOTE BENGALURU RURAL DISTRICT PIN CODE - 562 114.

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... PETITIONERS

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(BY SRI. C SHANKAR REDDY., ADVOCATE)

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AND :

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SRI.MUNIYAPPA S/O LATE MUNISWAMAPPA AGED 69 YEARS R/O KODIRAMASANDRA VILLAGE KASABA HOBLI KOLAR TQ 563103.

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SMT NARANAMMA D/O LATE MUNISWAMAPPA W/O CHANDRAPPA AGED 64 YEARS KURUBARAPET KOLAR 563101.

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SMT NARAYANAMMA D/O LT MUNISWAMAPPA W/O MUNIYAPPA AGED 52 YEARS R/O VEERAPURA VILLGE SIDLAGHTTA TQ CHIKKABALLAUR DIST 562105.

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SRI GANGAPPA S/O LATE MUNISWAMAPPA AGED 49 YEARS R/O KODIRAMANSANDR VILLAGE KASABA HOBLI, KOLAR TQ PIN CODE 563101.

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SRI SHANTHAKUMAR N S/O NARAYANASWAMY AND LATE SUNANDAMMA AGED 34 YEARS

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SRI SHIVAKUMAR N S/O NARAYANASWAMY AND LATE SUNANDAMMA AGED 30 YEARS,

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RESPONDENTS 5 AND 6 ARE R/AT NEAR MOTHER THERESA SCHOOL MUNESHWARA NAGAR KOLAR 563101.

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SMT VENKATAMMA @ PADMA W/O K G SRINIVASA MURTHY D/O LT CHIKKANNA

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AGED 48 YEARS R/AT NO 26, 45^TH CROSS 5^TH MAIN ROAD, OPP TO DTI GOWRIPET, KIOLAR 563101.

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SMT BHARATHI @ DYAVAMMA W/O OF SUBRAMANI D/O LATE CHIKKANNA AGED 43 YEARS R/O APPASANDRA VILLAGE NARASAUR HOBLI KOLAR TQ - 563133.

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SMT NARAYANAMMA D/O CHIKKANNA W/O MUNIYAPPA AGED 67 YEARS R/AT KODIRAMANSANDRA VILLAGE KASABA HOBLI, KOLAR TALUK - 563 103. 10. SRI NARAYANAPPA S/O LATE KRISHNAPPA R/OF KODRIRAMANSANDRA TAMAKA POST, KOLAR TALUK PIN CODE 563103.

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SMT PARVATHAMMA D/O LATE KRISHNAPPA AGED 35 YEARS W/O NARAYANASWAMY R/OF KODRIRAMANSANDRA TAMAKA POST, KOLAR TALUK PIN CODE 563103.

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SMT MANGAMMA D/O LATE KRISHNAPPA AGED 34 YEARS R/OF KODRIRAMANSANDRA TAMAKA POST KOLAR TALUK

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PIN CODE 563103.

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SMT AMMAYAMMA D/O LATE KRISHNAPP W/O NARAYANAPPA AGED 33 YERS W/O NARAYANASWAMY R/OF APPSANDRA VILLAGE NARASAURA HOBLI AND POST KOLAR TQ 563 133.

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SMT PADMA D/O LATE KRISHNAPPA W/O SAHADEVA AGED 32 YEARS R/OF KODRIRAMANSANDRA TAMAKA POST KOLAR TALUK PIN CODE 563103.

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SMT LALITHA D/O KRISNAPPA AGED 31 YEARS W/O RAJAPPA R/O PERLAKSSHMIPURA VILALGE DOOR NO 5044 UDDANAPALLI POST HOUSR TALUK KRISHNAGIRI DISTRICT TAMIL NADU 635119.

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SMT MUNIVENKATAMMA @ LAKSHMI D/O LATE NAGAMMA AGED 39 YEARS POLICE STATION ROAD NEAR NAVEEN SHOP NARSAPURA KOLAR TQ - 563133.

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SMT SHIVAMMA D/O LATE NAGAMMA W/O BEERENDRA KUMAR AGED 37 YEARS DOOR N 94, 10^TH CROSS MUNESHWARA EXTN LAGGERE BENGALURU 560058.

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SMT GEETHA @ MANGAMMA D/O LATE NAGAMMA W/O MUNIRAJU AGED 32 YEARS GULAGANJIGUKI VILLAGE THYAVANAHALLI POST KOLAR 563133.

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SRI SRINIVAS S/O LATE NAGAMMA AGED 27 YEAS R/O APPASNDRA VILLAGE NARASAPURA HOBLI KOLAR TQ 563133.

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SMT SAROJA D/O NAGAMMA WA/O BALARAJU AGED 29 YERS R/O H S GARDEN NEAR SUBRAMANYASWAMY ARCH CHIKKABALLAPUR 562101.

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SRI AKSHAY S/O MUNIYAPPA AND NAGAMMA AGED 26 YEARS R/O APPASANDRA VILALGE NARASPURA HOBLI KOLAR TQ - 563133.

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SRI NARAYANASWAMY S/O LATE DYAVAMMA AGED 37 YEARS R/O KODIRAMANSANDRA VILLAGE KASABA HOBLI, KOLAR TQ - 563103. 23. SMT PADMA S/O LT DYAVAMMA W/O RAVIKUMAR @ PAPAIAH AGED 36 YEARS R/O KODIRAMASANDRA VILLGE KASABA HOBLI KOLAR TALUK 563103. 24. SMT GOWRAMMA D/O SIDDAMMA W/O KRISHNAPPA AGED 47 YEARS R/O GONAMKANAHALLI VILALGE ANDERSONPET KGF 563113. 25. SMT LAKSHMAMMA D/O SIDDAMMA W/O KITTAPPA AGED 43 YERS R/O KORAMASANDRA VILALGE KASABA HOLBI KOLAR TALUK - 563 103. 26. SMT NARAYANAMMA @ GUNDALAMMA D/O SIDDAMMA W/O BUJJI AGED 38 YEARS FLOWER SELLER OLD BUS STND KOLAR R/O KODIRAMASANDRA VILALGE KASABA HOBLI, KOLAR TQ563103.

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SMT LAKSHMIDEVAMMA D/O LATE MUNSIWAMAPPA W/O CHANDRAPPA AGED 57 YEARS R/O KODIRAMASANDRA VILALGE KASABA HOBLI, KOLAR TALUK -563103.

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SRI VENKATARAMANA @ VENKATARAMA @ VENKATARAVANAPPA @ VENKATARAMANAPPA S/O LATE VENKATAPPA AGED 90 YEARS R/O APPASANDRA VILALGE NARASPURA HOBLI KOLAR TQ - 563 133.

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... RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PORTION OF THE ORDER DATED 05.02.2022 MADE ON I.A.NO.27 FILED UNDER ORDER VIII RULE 1(A) OF THE CODE OF CIVIL PROCEDURE IN O.S.NO.121/2014 PASSED BY THE COURT OF THE C/C I ADDITIONAL SENIOR CIVIL JUDGE, KOLAR VIDE ANNX-G TO THE W.P. AND ALLOW THE SAID APPLICATION IN ITS ENTIRETY.

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

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ORDER

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This petition is by the sixth and seventh defendants in O.S.No.121/2014 on the file of the I Additional Senior Civil Judge, Kolar (for short, 'the civil

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Court '). The petitioners have impugned the civil Court's order dated 04.02.2022, and the civil Court by this impugned order has disallowed the petitioners' application (IA No.27) permitting them to produce certain other documents but refusing as regards one of the documents. The civil Court has disallowed the application insofar as the documents like 'Kararu Kagada' dated 28.05.1992 on the ground that this is compulsorily registerable document, but it is not registered.

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Sri C.Shankar Reddy, the learned counsel for the petitioners, submits that this is yet another round of litigation amongst the family members claiming under the original propositus - late Venkatappa. In one of the earlier proceedings, twenty eighth respondent has produced a copy of this ' Kararu Kagada' dated 28.05.1992 and based on such document has withdrawn the suit. The twenty eighth respondent has

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set up one of the members of another branch of the family to file the suit. The 'Kararu Kagada' dated 28.05.1992 is not a document of release but assurance to withdraw the pending cases and relies upon the following in this document:

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" F §UÉÎ £Á£ÀÄ zsÁR¯ï ªÀiÁrgÀÄªÀ PÉÃ¸À£ÀÄß gÁf ªÀÄÆ®Ì ªÁ¥À¸ï ¥ÀqÉAiÀÄvÉÛÃªÉ."

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Further, Sri C. Shankar Reddy submits that in

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any event the 'Kararu Kagada' dated 28.05.1992 could be admitted in evidence for collateral purposes viz ., to prove the institution of one of the earlier suits and withdrawal of the same because of the assurance contained in this document. The civil Court has not considered these aspects in disallowing the application insofar as this document.

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The submissions are considered in the light of the fact that the suit is pending from 2014 and there must be expedited disposal. Further, it is obvious that the

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civil Court has not considered whether this 'Kararu Kagada' dated 28.05.1992 could be admitted in evidence for collateral purposes as contemplated under Section 49 of the Registration Act, 1998. This Court is therefore of the considered view that the petition must be disposed of with liberty to the petitioner, notwithstanding the impugned order, to file an application for leave to produce the 'Kararu Kagada' dated 28.05.1992 for collateral purposes. If such application is filed, the same shall be considered in accordance with law applicable thereto

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The petition stands disposed of accordingly.

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Sd/JUDGE

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SA/Ct:sr

Sri.Narayanappa v. Sri.Muniyappa

Case brief

What is this about?

What did the court decide?

Sri.Narayanappa v. Sri.Muniyappa

Case brief

What is this about?

What did the court decide?

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