Dismissed

Shri Vittal S/O Ramappa Karidemannavar v. Shri Shiddappa S/O Ramappa Karidemannavar

Karnataka HC15 Dec 2023WP/106872/2023

Case brief

AI extract

What is this about?

This court dismissed two writ petitions challenging orders of the Senior Civil Judge, Bailhongal, which rejected applications to discard witness evidence and produce medical records in a partition suit. The bench held the applications were abuse of process intended to protract proceedings.

What did the court decide?

The writ petitions were dismissed as being devoid of merits.

Shri Vittal S/O Ramappa Karidemannavar Vs Shri Shiddappa S/O… — Partition | Karnataka HC (2023)

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NC: 2023:KHC-D:14755 WP No. 105142 of 2023 C/W WP No. 106872 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 105142 OF 2023 (GM-CPC)

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C/W

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WRIT PETITION NO. 106872 OF 2023

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IN WP NO.105142/2023 BETWEEN:

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SHRI VITTAL S/O RAMAPPA KARIDEMANNAVAR AGE 61 YEARS, OCC. AGRICULTURE R/O NAYANAGAR, TQ. BAILHONGAL, DIST. BELAGAVI

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SMT. CHANNAWWA W/O SHANTAPPA KARIDEMANNAVAR, AGE: 46 YEARS, OCC: AGRICULTURE R/O NAYANAGAR, TQ: BAILHONGAL, DIST: BELAGAVI

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SHIVAKUMAR HIREMATH

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Digitally signed by SHIVAKUMAR HIREMATH Date: 2023.12.21 11:13:51 +0530

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3 SMT. RUDRAWWA W/O VITTAL KARIDEMANNAVAR AGED: 56 YEARS, OCC: HOUSEHOLD WORK R/O: NAYANAGAR, TQ: BAILHONGAL, DIST: BELAGAVI

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4 SMT. NINGAWWA W/O SHIVAPPA KORI AGED: 44 YEARS, OCC: AGRICULTRUE R/O: GARJUR, TQ: BAHILHONGAL, DIST: BELAGAVI

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ALL ARE R/BY THEIR GPA HOLDER KUMARI. RADHA D/O SHANTAPPA KARIDEMANNAVAR AGED: 33 YEARS, OCC: AGRICULTURE R/O NAYANAGAR, TQ: : BAHILHONGAL, DIST: BELAGAVI

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5 SHRI. SHANTAPPA S/O RAMAPPA KARIDEMANNAVR AGED: 56 YEARS, OCC: AGRICULTURE

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NC: 2023:KHC-D:14755 WP No. 105142 of 2023 C/W WP No. 106872 of 2023

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R/O NAYANAGAR, : BAHILHONGAL,

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DIST: BELAGAVI

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6 SMT. NAGAWWA W/O BHIMAPPA PUJERI AGED: 45 YEARS, OCC: AGRICULTURE R/O: MUTAWAD, TQ: SOUNDATTI

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…PETITIONERS

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(BY SRI. CHITRA GOUNNDALKAR, ADVOCATE)

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AND:

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SHRI SHIDDAPPA S/O RAMAPPA KARIDEMANNAVAR AGED 61 YEARS, OCC. AGRICUTLURE

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2 SHRI. BASAVARAJ S/O SHIDDAPPA KARIDEMANNAVAR AGED: 32 YEARS, OCC: AGRICULTURE

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3 SHRI. MANJUNATH S/O SHIDDAPPA KARIDEMANNAVAR AGED: 30 YEARS, OCC: AGRICULTURE

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4 SHRI. MAHADEV S/O RAMAPPA KARIDEMMANNAVAR AGED: 54 YEARS, OCC: AGRICULTURE

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5 SHRI. NAGAPPA BHIMAPPA KARIDEMANNAVAR AGE: 66 YEARS, OCC: AGRICULTRE R/O: NAYANAGAR, TQ: BAILHONGAL, DIST: BELAGAVI

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6 SHRI. NAGAPPA S/O SOMAPPA HONGAL AGED: 51 YEARS, OCC: AGRICULTURE R/O: C/O: MAHADEV KATARAKI CHANAKYA NAGAR, 5^TH CORSS BADAMI, DIST: BAGALKOT

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7 SHRI. GOURAWWA W/O MAHADEVAPPA A. KARIDEMANNAVAR AGED: 44 YEARS, OCC: HOUSEHOLD WORK R/O: C/O: MAHADEV KATGARAKI CHANAKYA NAGAR, 5^TH CORSS BADAMI, DIST: BAGALKOT

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8 SHRI. CHANDRAPPA S/O PARASAPPA UGARKHOD AGED: 41 YEARS, OCC: AGRICULTURE

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9 SHRI. IRAPPA S/O. PARASAPPA UGARAKHOD AGED: 35 YEARS, OCC: AGRICULTURE

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NC: 2023:KHC-D:14755 WP No. 105142 of 2023 C/W WP No. 106872 of 2023

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10 SHRI. BASAVARAJ S/O PARASAPPA UGARAKHOD AGED: 33 YEARS, OCC: AGRICULTURE

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11 SHRI. ULAVAPPA S/O BASAVANNEPA UGARAKHOD AGE: 64 YEARS, OC: AGRICULTURE

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12 SMT. SAVAKKA W/O KEDAREPPA UGARAKHOD AGED: 58 YEARS, OCC: HOUSEHOLD

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ALL ARE R/O AVARADI, TQ: BAILHONGAL DIST: BELAGAVI.

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13 SMT. PREMA W/O YALLAPPA DEVALAPUR AGE: 39 YEARS, OCC: HOUSEHOLD R/O: TURAMARI TQ: BAILHONGAL, DIST: BELAGAVI

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14 SMT. KASHAWWA W/O VITTAL KITTUR (BARKI), AGE: 37 YEARS, OCC: HOUSEHOLD R/O : MUGABASAV TQ: BAILHONGAL, DIST: BELAGAVI

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15 SMT. SOMAWWA W/O SHIDRAM BAJI, AGE: 35 YEARS, OCC: HOUSE HOLD R/O: INCHAL TQ: BAILHONGAL, DIST: BELAGAVI

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16 SHRI. RAMALINGAPPA S/O BASAVANNEPPA UGAKHOD AGE: 56 YEARS, OCC: HOUSEHOLD R/O:AVARADI TQ: BAILHONGAL, DIST: BELAGAVI

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17 SHRI. BHEEMAPPA VITHAPPA SIDRAMANNAVAR @ SANKAMMANAVAR AGE: 41 YEARS, OCC: AGRICULTURE, R/O: NAYANAGAT, TQ: BAILHONGAL, DIST: BELAGAVI

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18 SHRI. BASAPPA S/O HANAMANTAPPA SIDRAMANNAVAR @ SANKAMMANAVAR AGE: 48 YEARS, OCC: AGRICULTURE R/O: NAYANAGAR, TQ: BAILHONGAL, DIST: BELAGAVI.

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…RESPONDENTS

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NC: 2023:KHC-D:14755 WP No. 105142 of 2023 C/W WP No. 106872 of 2023

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THIS WP IS FILED PRAYING TO, C) ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED. 22.06.2023 PASSED ON IA NO. XVIII IN O.S. NO. 14/2017 ON THE FILE OF SENIOR CIVIL JUDGE, BAILHONGAL. VIDE ANNEXURE-G.

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IN WP NO.106872/2023 BETWEEN:

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SHRI VITTAL S/O RAMAPPA KARIDEMANNAVAR AGE 61 YEARS, OCC. AGRICULTURE R/O NAYANAGAR, TQ. BAILHONGAL, DIST. BELAGAVI

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SMT. CHANNAWWA W/O SHANTAPPA KARIDEMANNAVAR, AGE: 46 YEARS, OCC: AGRICULTURE R/O NAYANAGAR, TQ: BAILHONGAL, DIST: BELAGAVI

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3 SMT. RUDRAWWA W/O VITTAL KARIDEMANNAVAR AGED: 56 YEARS, OCC: HOUSEHOLD WORK R/O: GARJUR, TQ: BAILHONGAL, DIST: BELAGAVI

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4 SMT. NINGAWWA W/O SHIVAPPA KORI AGED: 44 YEARS, OCC: AGRICULTRUE R/O: GARJUR, TQ: BAHILHONGAL, DIST: BELAGAVI

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ALL ARE R/BY THEIR GPA HOLDER KUMARI. RADHA D/O SHANTAPPA KARIDEMANNAVAR AGED: 33 YEARS, OCC: AGRICULTURE R/O NAYANAGAR, TQ: : BAHILHONGAL, DIST: BELAGAVI

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5 SHRI. SHANTAPPA S/O RAMAPPA KARIDEMANNAVR AGED: 56 YEARS, OCC: AGRICULTURE R/O NAYANAGAR, : BAHILHONGAL, DIST: BELAGAVI

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NC: 2023:KHC-D:14755 WP No. 105142 of 2023 C/W WP No. 106872 of 2023

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6 SMT. NAGAWWA W/O BHIMAPPA PUJERI AGED: 45 YEARS, OCC: AGRICULTURE R/O: MUTAWAD, TQ: SOUNDATTI

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…..PETITIONERS

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(BY SMT. CHITRA GOUNDALKAR, ADVOCATE)

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AND:

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SHRI SHIDDAPPA S/O RAMAPPA KARIDEMANNAVAR AGED 61 YEARS, OCC. AGRICUTLURE

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2 SHRI. BASAVARAJ S/O SHIDDAPPA KARIDEMANNAVAR AGED: 32 YEARS, OCC: AGRICULTURE

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3 SHRI. MANJUNATH S/O SHIDDAPPA KARIDEMANNAVAR AGED: 30 YEARS, OCC: AGRICULTURE

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4 SHRI. MAHADEV S/O RAMAPPA KARIDEMMANNAVAR AGED: 54 YEARS, OCC: AGRICULTURE

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5 SHRI. NAGAPPA BHIMAPPA KARIDEMANNAVAR AGE: 66 YEARS, OCC: AGRICULTRE R/O: NAYANAGAR, TQ: BAILHONGAL, DIST: BELAGAVI-580001

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6 SHRI. NAGAPPA S/O SOMAPPA HONGAL AGED: 51 YEARS, OCC: AGRICULTURE R/O: C/O: MAHADEV KATARAKI CHANAKYA NAGAR, 5^TH CORSS BADAMI, DIST: BAGALKOT-587101

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7 SHRI. GOURAWWA W/O MAHADEVAPPA A. KARIDEMANNAVAR AGED: 44 YEARS, OCC: HOUSEHOLD WORK R/O: C/O: MAHADEV KATGARAKI CHANAKYA NAGAR, 5^TH CORSS BADAMI, DIST: BAGALKOT-587101

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8 SHRI. CHANDRAPPA S/O PARASAPPA UGARKHOD AGED: 41 YEARS, OCC: AGRICULTURE

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9 SHRI. IRAPPA S/O. PARASAPPA UGARAKHOD

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NC: 2023:KHC-D:14755 WP No. 105142 of 2023 C/W WP No. 106872 of 2023

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AGED: 35 YEARS, OCC: AGRICULTURE

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10 SHRI. BASAVARAJ S/O PARASAPPA UGARAKHOD AGED: 33 YEARS, OCC: AGRICULTURE

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11 SHRI. ULAVAPPA S/O BASAVANNEPA UGARAKHOD AGE: 64 YEARS, OC: AGRICULTURE

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12 SHANTAWWA W/O KEDAREPPA UGARAKHOD AGED: 57 YEARS, OCC: HOUSEHOLD

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ALL ARE R/O AVARADI, TQ: BAILHONGAL DIST: BELAGAVI-580001

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13 SMT. PREMA W/O YALLAPPA DEVALAPUR AGE: 39 YEARS, OCC: HOUSEHOLD R/O: TUMRAMARI TQ: BAILHONGAL, DIST: BELAGAVI-580001

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14 SMT. KASTUREWWA W/O VITTAL KITTUR (BARKI), AGE: 37 YEARS, OCC: HOUSEHOLD R/O : MUGABASAV TQ: BAILHONGAL, DIST: BELAGAVI

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15 SMT. SOMAWWA W/O SHIDRAM BAJI, AGE: 35 YEARS, OCC: HOUSE HOLD R/O: INCHAL TQ: BAILHONGAL, DIST: BELAGAVI-580001

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16 RAMALINGAPPA S/O BASAVANNEPPA UGAKHOD AGE: 56 YEARS, OCC: HOUSEHOLD R/O:AVARADI TQ: BAILHONGAL, DIST: BELAGAVI

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17 SHRI. BHIMAPPA VITHAPPA SIDRAMANNAVAR @ SANKAMMANAVAR AGE: 41 YEARS, OCC: AGRICULTURE, R/O: NAYANAGAT, TQ: BAILHONGAL, DIST: BELAGAVI

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18 SHRI. BASAPPA S/O HANAMANTAPPA SIDRAMANNAVAR @ SANKAMMANAVAR AGE: 48 YEARS, OCC: AGRICULTURE R/O: NAYANAGAR, TQ: BAILHONGAL, DIST: BELAGAVI.

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NC: 2023:KHC-D:14755 WP No. 105142 of 2023 C/W WP No. 106872 of 2023

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….RESPONDENTS

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THIS WP IS FILED PRAYING TO ISSUE A WRIT OF CERTIORATI QUASHING THE IMPUGENED ORDER DATED 14.09.2022 PASSED ON IA NO.XVI IN O.S.NO. 14/2017 ON THE FILE OF SENIOR CIVIL JUDGE, BAILHONGAL, VIDE ANNEXURE-F AND ETC.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, VIJAYKUMAR A.PATIL, J., MADE THE FOLLOWING:

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ORDER

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W.P.No.106872/2023 is filed by the plaintiffs assailing

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the order dated 14.09.2022 passed by the Senior Civil Judge, Bailhongal (hereinafter referred to as ‘trial Court’) on an application No.16 filed in O.S.No.14/2017 seeking to discard the evidence of PW-1 and to permit other plaintiffs to lead evidence which came to be rejected, and in W.P.No.105142/2023 by the plaintiffs in the same suit assailing the order dated 22.06.2023 passed the trial Court on Application No.18 seeking direction to medical officer DIMHANS, Dharwad to produce the entire report of the treatment of plaintiff No.2 as per the OPD HS No.68542 which also came to be rejected.

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The petitioners in both the petitions are the

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plaintiffs filed the aforesaid suit seeking the relief of partition and separate possession of the suit schedule property and also sought for declaration that the sale deeds executed by the defendant No.1 vide registered sale deeds dated 24.07.1996 and 15.04.1996 are not binding

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on the shares of the plaintiffs and also gift deed dated 06.08.2016 in respect of item No.7 is not binding. Further the sale transaction vide registered sale deed dated 15.04.1988 in respect of item No.9 and 10 between defendants No.16 and 17 is not binding on them.

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The respondents herein filed written statement

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opposing the prayer sought by the petitioners in the suit.

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The matter was posted for the evidence of plaintiffs. Plaintiff No.2 has been examined as PW-1 and after completing the partial cross-examination of PW-1, the present applications are filed seeking discarding the evidence of PW-1 on the ground that he is not mentally fit to tender evidence and also sought for production of medical documents from DIMHANS, Dharwad.

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On perusal of the averments made in the

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applications and objections filed by the parties on the aforesaid applications, it is evident that an attempt is made by the petitioners to file the present applications is only with an intention to overcome the admissions of PW-1 in the suit and the petitioners have not assigned any reasons in their applications for discarding the evidence of PW-1 from the records. The petitioner has not stated in their application as to why they have failed to produce the medical evidence, before the trial Court before the recording of the evidence of P.W.1. The material available on records does not indicate any reason whatsoever for seeking to discarding the evidence of PW-1 and production of medical evidence from DIMHANS. The filing of the application of the plaintiff to discard the evidence of P.W.1 which has been admitted by the trial Court and there is absolutely no provision under the Code to seek discard of the admitted evidence of P.W.2 when P.W.2 has been cross-examined by the defendants partly. The filing of the application under Section 151 of CPC invoking the inherent

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10 - NC: 2023:KHC-D:14755 WP No. 105142 of 2023 C/W WP No. 106872 of 2023

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power of the Court is an abuse of process of law. The attempt of the petitioner to seek for production of the medical records from DIMHANS, Dharwad is also an abuse of process of law and filed with an intention to overcome the admission of P.W.1 in the pending suit.

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The trial Court on considering the rival contentions has come to the conclusion that there is no reason whatsoever has been assigned by the plaintiffs to discard the evidence in the suit which is filed for partition and separate possession wherein the suit is required to be adjudicated based on the pleading and evidence, as to what is the share of the parties entitled in the said suit and it has nothing to do with mental status and condition of the plaintiff No.2. This Court do not find any reason to disagree with the reasons assigned by the trial Court in the impugned orders.

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On perusal of the material available on record, it is evident that the attempt of filing applications by the plaintiffs before the trial Court is nothing but to protract

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11 - NC: 2023:KHC-D:14755 WP No. 105142 of 2023 C/W WP No. 106872 of 2023

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the proceedings before the trial Court and filing of such applications is an abuse of process of law.

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For the aforementioned reasons, this Court do

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not find any error in the impugned orders of the trial Court calling for interference in the present petitions. Accordingly, the writ petitions are dismissed as being devoid of merits.

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Sd/JUDGE

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NAA

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List No.: 1 Sl No.: 23

Shri Vittal S/O Ramappa Karidemannavar v. Shri Shiddappa S/O Ramappa Karidemannavar

Case brief

What is this about?

What did the court decide?

Shri Vittal S/O Ramappa Karidemannavar v. Shri Shiddappa S/O Ramappa Karidemannavar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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