Allowed

Syed Ghouse Dead by Lrs v. v.Shekar

Karnataka HC6 Feb 2023WP/5297/2022

Case brief

AI extract

What is this about?

This Bench allowed a writ petition against an interlocutory order rejecting an application for return of documents. Noting that a Special Power of Attorney had been produced authorizing the applicant, the court allowed the application for document return and disposed of the writ petition.

What did the court decide?

The Interlocutory Application under Order 13 Rule 9 CPC allowed; original documents to be returned; Indemnity Bond filed.

Syed Ghouse Dead by Lrs Vs v.Shekar — Civil Procedure and Limitation | Karnataka HC (2023)

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WP No. 5297 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 5297 OF 2022 (GM-CPC)

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BETWEEN:

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SYED GHOUSE DEAD BY LRS

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a. YASMEEN BEGUM, W/O LATE SYED GHOUSE, AGED ABOUT 59 YEARS,

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b. TABREZZ PASHA, S/O LATE SYED GHOUSE, AGED ABOUT 40 YEARS,

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c. UMREZ PASHA S/O LATE SYED GHOUSE, AGED ABOUT 38 YEARS,

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Digitally signed by VIDYA G R Location: High Court of Karnataka

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d. NEELUFAR, D/O LATE SYED GHOUSE, AGED ABOUT 39 YEARS,

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ALL ARE R/AT NO.7, 2ND CORSS, NEW EXTENSION, GORIPALYA, BENGALURU-560018.

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…PETITIONERS

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(BY SRI. M M ASHOKA, ADVOCATE)

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AND:

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V.SHEKAR, S/O LATE VENUGOPAL, AGED ABOUT 55 YEARS,

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WP No. 5297 of 2022

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R/AT NO.B-8, DAIRY QUARTERS, D.R.C. POST, BENGALURU - 560029.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF THE HON'BLE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-65 BENGALURU CITY IN O.S.NO. 4173/2017 AND QUASH THE ANNX-A, ORDER DTD. 19.08.2021 PASSED IN I.A. FILED UNDER ORDER 13 RULE 9 AND R/W SECTION 151 CPC BY ALLOWING THE PETITION DIRECTING THE REGISTRY OF THE CITY CIVIL COURT, BANGALORE TO RETURN THE EXHIBIT-D SERIES AFTER PROPER IDENTIFICATION TO ANY ONE OF THE PETITIONERS ON PRODUCTION OF THE AUTHORITY OF THE OTHER PETITIONERS.

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

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ORDER

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The petitioners, who are defendants have called in question the correctness of the order at Annexure-'A' dated 19.08.2021 passed on the Interlocutory Application filed under Order 13 Rule 9 of C.P.C., whereby, the application filed seeking for return of documents at Exhibits D1 to D8 has been rejected.

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2. Learned counsel for the petitioners submits that

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the application has been filed by the counsel for the

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WP No. 5297 of 2022

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defendants and the Affidavit filed in support of the same has been filed by Sri Tabrez Pasha stating that he is the legal representative of the defendant, who is his father and defendant Nos.1(a), 1(c) and 1(d), are mother, brother and sister of Sri Tabrez Pasha.

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The Interlocutory Application has been rejected

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by the trial Court observing that the Power of Attorney by all the legal representatives of deceased has not been filed.

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It is submitted by learned counsel for the petitioners that though the trial Court has dismissed the application on the ground of absence of Power of Attorney, subsequently, the same has been produced and on oral request, the order was not modified.

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It is noticed that the Trial Court Records were summoned and there is Special Power of Attorney executed in favour of Sri Tabrez Pasha S/o late Syed Ghouse, Smt.Yasmeen Begum W/o late Syed Ghouse, Sri Umrez Pasha S/o late Syed Ghouse and Smt.Neelufar D/o

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WP No. 5297 of 2022

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late Syed Ghouse, which constitutes Sri Tabrez Pasha as the Power of Attorney holder and such Power of Attorney had authorized the attorney holder to file an application for return of original documents.

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Taking note of the admitted facts and also that the Special Power of Attorney has been filed in favour of Sri Tabrez Pasha, in whose name the application for return of documents has been filed, it would meet the interests of justice, taking note of the relationship of the applicant as well as the Power of Attorney to allow the Interlocutory Application and permit the applicant to take return of original documents.

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Accordingly, the Interlocutory Application filed under Order 13 Rule 9 of C.P.C. is allowed. The authenticated copy of original documents to be kept in Court records for record purpose and originals is to be returned. The applicants to file an Indemnity Bond undertaking that it would be their responsibility in case of any claim as regards the said documents is made claiming

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WP No. 5297 of 2022

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to be the legal heir of late Syed Ghouse, they would

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undertake to justify their claim.

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Accordingly, the petition is disposed off.

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Sd/JUDGE

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VGR

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List No.: 1 Sl No.: 14

Syed Ghouse Dead by Lrs v. v.Shekar

Case brief

What is this about?

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Syed Ghouse Dead by Lrs v. v.Shekar

Case brief

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