This is a preliminary hearing on a writ petition challenging the trial Court's order allowing plaintiffs to frame additional issues and lead fresh evidence in a partition suit. The High Court held there was no reason to interfere. The petition stands disposed of without disposing of the substantive matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 15TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 101288 OF 2018 (GM-CPC)
BETWEEN:
AGE: 67 YEARS, OCC: HOUSEHOLD WORK,
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
ALL ARE R/O: KALKHAMB VILLAGE, POST: MUCHANDI, TAL & DIST: BELAGAVI-5900016.
…PETITIONERS
(BY SRI VITTHAL S. TELI, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI ASHOK A. PATIL, ADV. FOR C/R1 IN CP NO-20162/18; SRI B.S. KAMATE, ADV. FOR R1 TO R3;) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDERS ON IA NO.VIII TO X AND XII DATED 10.01.2018 PASSED IN O.S.NO. 195/2013 BY THE IV ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI VIDE ANNEXURE-"K".
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are defendants in O.S.No.195/2013, on the file of IV Additional Senior Civil Judge, Belagavi.
4. It is needless to state that the petitioners
herein are always at liberty to object marking of documents, if they are sought to be marked contrary to the provisions of law and the trial Court while framing the additional issue will not blindly accept the contention of the defendants and will frame the additional issue by imposing the burden of proof on a person, who alleges the said fact.
Writ petition stands disposed of with the
aforementioned observations.
Sd/JUDGE
gab Ct-mck List No.: 1 Sl No.: 53
1 issue framed by the court
Whether the High Court should interfere with the trial Court's order allowing respondents to reopen the case for framing additional issues and leading fresh evidence.
Shivajirao Balagouda Patil
Vijaya W/o. Shivajirao Patil
Deepali D/o. Shivajirao Patil
Girija A Byahatti
Indrajeet S/o. Shivajirao Patil
F Lt. Kuleep Shivajirao Patil (Retd)
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
