Writ petition under Article 227 challenging the trial court's order admitting two laminated GPA deeds and a Tahsildar endorsement. The High Court held there is no bar on marking laminated documents and dismissed the petition with costs.
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 AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
WRIT PETITION NO. 51819 OF 2017 (GM-CPC)
BETWEEN:
SRI. A.C. KURIAN S/O LATE K V CHACKO AGED ABOUT 51 YEARS, R/A: SHIBANI, 4TH CROSS, SHIVBAGH, KADRI, MANGALORE - 575 002 (BY SRI: SARAVANA .S., ADVOCATE)
…PETITIONER
AND:
Digitally signed by PAVITHRA N Location: high court of karnataka
OPP: SANKEY TANK SADASHIVANAGAR BANGALORE - 560 080
NC: 2024:KHC:6003 WP No. 51819 of 2017
MANAMA, KINGDOM OF BHARAIN
…RESPONDENTS
(BY SRI: SUBRAMANI .M.A., ADVOCATE FOR R1 A/W GPA, GOUTHAM S. BHARDWAJ FOR R7(D, E & F) R2, R3, R4, R7(C), R7(G) - SERVED UNREPRESENTED R6 & R7(H) - H/S- V/O DT. 24/6/21
R5(A TO C) & R7 (A & B) -D/W V/O DT.28/3/22)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS PASSED ON THE MEMO DATED.25.10.2017 BY ORDERS DTD.7.11.2017 IN O.S.NO.5/2009 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE, MANGALORE, D.K. VIDE ANNEX-G TO THE W.P. AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Defendant No.1 in O.S.No.5/2009 on the file of the learned III Additional Senior Civil Judge, Mangalore, Dakshina Kannada (hereinafter referred to as 'the trial Court' for brevity), is seeking issuance of writ of certiorari to quash the order dated 07.11.2017 rejecting the memo filed by him raising objections for marking two GPA deeds and an endorsement of the Tahsildar, Mangaluru.
the documents produced and sought for admission are laminated GPA deeds and the endorsement by Tahsildar, Mangaluru. Therefore, they are not admissible in evidence. The trial Court proceeded to reject the memo filed by the petitioner in that regard and proceeded to mark the said documents. Therefore, the petitioner is before this Court.
the parties is that the plaintiff produced two GPA deeds and the
NC: 2024:KHC:6003 WP No. 51819 of 2017
endorsement issued by Tahsildar, Mangaluru for admission in evidence. Since the documents are laminated, the petitioner raised objection and filed a memo in that regard. The said memo was rejected by the trial Court by passing an order. Therefore, the same is impugned in the present petition.
ORDER
Petition is dismissed with cost of Rs.5,000/(Rupees Five Thousand Only) to be paid to respondent No.1/plaintiff within two weeks from today. Failing which, it shall form part of the costs in the suit.
NC: 2024:KHC:6003 WP No. 51819 of 2017
IA No.1/2023 seeking early hearing is disposed off in
view of disposal for the writ petition.
Sd/JUDGE
PN List No.: 1 Sl No.: 37
1 issue framed by the court
Whether the trial court erred in admitting laminated GPA deeds and a Tahsildar's endorsement in evidence despite objection.
1 provisions across 1 enactments
Sri A.C. Kurian
Dr B Raghuram Shetty
Sri K Devadas Shetty
Sri Arun Bhandary
Sri Sharat Kumar Shetty
Dr Santosh Shetty
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
