Dismissed

Bhimasen Alias Bhimappa S/O Balappa Alias Balu Gurav v. Smt. Shanta Alias Shantawwa W/O Sattyappa Gurav

Karnataka HC7 Jun 2024WP/102156/2024

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the rejection of a witness summons application. The court ruled that the burden of proving relinquishment lies on defendants to produce independent, credible evidence, not merely by relying on a submitted Varadi when plaintiffs dispute signatures. The writ petition was dismissed with liberty to the petitioner to independently prove relinquishmen

What did the court decide?

Writ petition dismissed; liberty reserved to petitioner to independently prove relinquishment.

Bhimasen Alias Bhimappa S/O Balappa Alias Balu Gurav Vs Smt… — Partition | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:7601 WP No. 102156 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.102156 OF 2024 (GM-CPC)

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BETWEEN:

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BHIMASEN @ BHIMAPPA S/O. BALAPPA @ BALU GURAV, AGE: 59 YEARS, OCC: AGRICULTURE, R/O. UGAR (BUDRUCK), TQ: ATHANI, DIST: BELAGAVI-590001.

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TATYA S/O. BALAPPA @ BALU GURAV, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. UGAR (BUDRUCK), TQ: ATHANI, DIST: BELAGAVI-590001.

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…PETITIONERS

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(BY SRI. S.C. BHUTI, ADVOCATE)

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AND:

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YASHAVANT NARAYANKAR Digitally signed byYASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA,DHARWAD BENCH

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SMT. SHANTA @ SHANTAWWA W/O. SATTYAPPA GURAV, AGE: 49 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O. MADHURAKHANDI, TQ: JAMAKHANDI, DIST: BAGALKOTE-587314.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY SUCH WRIT OR DIRECTION TO QUASH THE IMPUGNED ORDER PASSED ON I.A.NO.13 IN O.S.NO.32/2017 PENDING ON THE FILE OF THE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC, JAMKHANDI, AT.JAMKHANDI DATED 27.11.2023 VIDE ANNEXURE-E.

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

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2 - NC: 2024:KHC-D:7601 WP No. 102156 of 2024

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ORDER

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The defendants are before this Court assailing the order passed by learned Judge on an application filed in I.A.No.XIII seeking permission to permit the defendants to take witness summons to the Village Accountant to produce original Vardi submitted by present plaintiff and also give evidence in that regard. The said application is rejected.

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2. Respondent/plaintiff who is the sister of present

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petitioners/defendants has instituted a suit for partition and separate possession in O.S.No.32/2017 requesting to grant her legitimate share in the suit schedule properties.

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The present petitioners who are the defendants

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Nos.1 to 3 has set up a plea that plaintiff has relinquished her share and therefore, the suit for partition is not maintainable. If petitioners/defendants have set up a defence that plaintiff has relinquished her share in the landed properties and in view of relinquishment, plaintiff is given house property bearing VPC No.250, defendants

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3 - NC: 2024:KHC-D:7601 WP No. 102156 of 2024

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have to discharge their burden by leading rebuttal evidence. Merely because plaintiff has denied her signature on the Varadi, defendant cannot seek a witness summons to produce the original Varadi and mutations effected therein. If defendants have set up a plea that there is a relinquishment by plaintiff, same has to be substantiated by producing documents to that effect. The burden of substantiating that there is a relinquishment by plaintiff has to be done by leading independent credible evidence and not by placing reliance on the Varadi submitted to a revenue officer.

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Reserving liberty to the petitioner to independently prove that there is a relinquishment by plaintiff, captioned writ petition is dismissed.

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Sd/JUDGE

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AM List No.: 1 Sl No.: 12

Bhimasen Alias Bhimappa S/O Balappa Alias Balu Gurav v. Smt. Shanta Alias Shantawwa W/O Sattyappa Gurav

Case brief

What is this about?

What did the court decide?

Bhimasen Alias Bhimappa S/O Balappa Alias Balu Gurav v. Smt. Shanta Alias Shantawwa W/O Sattyappa Gurav

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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