Smt. Manjula v. Sri.B.C.Halaiah
Case brief
What is this about?
The High Court of Karnataka rejected this writ petition challenging an order of the Principal Senior Civil Judge allowing an application for leave to produce a photocopy of a Last Will as secondary evidence and to summon such copy from the records office. The court found no perversity in the lower court's reasoning. Quality: thin. Quality: thin
What did the court decide?
The writ petition was rejected; the impugned order of the civil court allowing secondary evidence and summoning the photocopy was upheld.
What the court decided
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NC: 2023:KHC:29679 WP No. 37691 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 37691 OF 2017 (GM-CPC)
BETWEEN:
SMT. MANJULA W/O BALARAMAN R/O JAIRAM NILAYA BESIDE THE CHURCH GANDHI NAGARA BHADRVATHI.
…PETITIONER
(BY SRI. KARTHIK S TAYUR.,ADVOCATE)
AND:
Issues for consideration
3 issues framed by the court
Whether the civil court's order allowing secondary evidence of a Last Will and Testament and summoning a photocopy from the records office is perverse or calls for interference under Article 227 of th
Whether the petitioner is in possession of the original Last Will and Testament as contended.
Whether the requirements for producing secondary evidence under Section 65 of the Evidence Act, 1872 were satisfied in the civil court proceedings.
Parties & counsel
- petitioner
SMT. MANJULA W/O BALARAMAN
- respondent
SRI.B.C.HALAIAH
- respondent
KUM INDRAMMA D/O B C HALAIAH
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- WP/37691/2017
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