Petitioner challenged the dismissal of an application seeking production of layout plan documents from a non-party to a suit, which was filed under Order 11 Rule 14 CPC instead of Order 16 Rules 1 and 6 CPC due to inadvertence.
Liberty granted to file fresh application under Order 16 Rules 1 and 6 CPC; trial court directed to consider it afresh.
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.
NC: 2024:KHC:15406 WP No. 8216 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 8216 OF 2024 (GM-CPC)
BETWEEN:
HONNASIDDAPPA S/O SIDDA NANJAPPA, AGED ABOUT 53 YEARS NEAR RAILWAY STATION MALLASANDRA (POST), KASABA HOBLI, TUMAKUR TALUK, TUMKUR DISTRICT – 572 107
…PETITIONER
(BY SRI. YEDEYURAPPA .Y.T., AND SRI. RAGHAVENDRA .A.S., ADVOCATES)
AND:
Digitally signed by VANDANA S Location: High Court of Karnataka
GOWRAMMA W/O BASAVARAJU, NEAR RAILWAY STATION MALLASANDRA (POST), VISWA BHARATHI COLLEGE ROAD, KASABA HOBLI, TUMAKUR TALUK, TUMKUR DISTRICT – 572 107
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE IMPUGNED ORDER ON IA NO. 4 UNDER ORDER 11 RULE 14 READ WITH SECTION 151 OF THE CPC FOR GIVE NOTICE / DIRECTION TO MR. SHIVARUDRAIAH S/O VEERABHADRAIAH , R/O AT KOTNAHALLI VILLAGE, BELLAVI HOBLI, TUMKUR TALUK, TO PRODUCE / SUBMIT THE ORIGINAL LAYOUT PLAN COPY DOCUMENTS WITH RESPECT TO SURVEY NO. 37/1A LAYOUT, MALLASANDRA VILLAGE, KASABA HOBLI, TUMKUR TALUK – 572 107 ON 05/01/2024 (ANNEXURE-F) AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks for the following reliefs:-
oversight and inadvertence, the petitioner filed the application I.A.No.4 wrongly / erroneously invoking Order 11 Rule 14 CPC instead of Order 16 Rules 1 and 6 CPC, since the person to whom the notice is sought to be issued was not a party to the suit. It is submitted that due to the aforesaid bonafide mistake / error
committed by the petitioner, the trial court has dismissed the application and if one more opportunity is granted, the petitioner would take necessary steps in accordance with law.
orders on the said application without being influenced by the findings and observations recorded in the impugned order.
Sd/JUDGE
Srl.
1 issue framed by the court
Whether the petitioner should be permitted to file a fresh application under Order 16 Rules 1 and 6 CPC after his application under Order 11 Rule 14 CPC was dismissed.
2 provisions across 1 enactments
Honnasiddappa S/o Sidda Nanjappa
Gowramma W/o Basavaraju
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
