Writ Petition No. 4751 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23623 WP No. 4751 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4751 OF 2025 (GM-CPC) BETWEEN: VENKATESH P S/O LATE PUTTAPPA, AGED ABOUT 40 YEARS, RESIDING AT NO.404, OLD KEB OFFICE ROAD, KADUGODI, BANGALORE - 560 067.
Legal Reasoning
(BY SRI. A.N. GANGADHARAIAH, ADVOCATE) …PETITIONER AND: 1. C.K. PRASAD Digitally signed by NAGAVENI Location: High Court of Karnataka S/O LATE CHANDRAIAH, AGED ABOUT 49 YEARS, R/A NO. 684, C-BLOCK, 1ST MAIN, AECS LAYOUT, KUNDLAHALLI, BANGALORE - 560 037. 2. C. CHITRA D/O LATE CHANDRAIAH, AGED ABOUT 45 YEARS, RESIDING AT 1517, TIRUMALA, 17TH MAIN, J.P.NAGAR, 2ND PHASE, BANGALORE - 560 078. - 2 - NC: 2025:KHC:23623 WP No. 4751 of 2025 HC-KAR 3. CHETANA, D/O LATE CHANDRAIAH, AGED ABOUT 41 YEARS, RESIDING AT 33, 1ST MAIN, 1ST STAGE, AREKERE, MICO LAYOUT, BANGALORE - 560 076. 4. Y A SOMASUNDER AGED ABOUT 85 YEARS, S/O LATE Y APPAJI 5. Y A MANJUNATH AGED ABOUT 75 YEARS S/O LATE Y APPAJI 6. Y A GANGADHAR AGED ABOUT 76 YEARS S/O LATE Y APPAJI RESPONDENT 4, 5, 6 ARE RESIDING AT NO.27, OPP BALDWIN SCHOOL, BEMAL LAYOUT, RAJARAJESHWARI NAGAR BANGALORE - 560 098. …RESPONDENTS (BY SRI. NAGA REDDY V, ADVOCATE FOR R1 TO R3; VIDE ORDER DATED 18.06.2025, NOTICE TO R4 TO R6 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE FILE OF HONBLE IV ADDL SENIOR CIVIL JUDGE, BANGALORE RURAL COURT, BENGALURU, IN O.S.NO.161/2019 AND SET ASIDE THE IMPUGNED ORDER DATED 12.02.2025 PASSED ON UN NUMBERED I.A. FILED - 3 - NC: 2025:KHC:23623 WP No. 4751 of 2025 HC-KAR UNDER ORDER XVI RULE 6 OF CPC, VIDE ANNEXURE-E. CONSEQUENTLY, ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER XVI RULE 6 OF CPC- AND PASS SUCH OTHER RELIEF/S AS THIS HONBLE COURT DEEMS FIT TO PASS IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Shri A.N. Gangadharaiah, learned counsel appearing for the petitioner and Shri Naga Reddy V., learned counsel appearing for respondents No.1 to 3. 2. The petitioner - defendant No.4 is before this Court in the subject petition calling in question an order dated 12.02.2025, which rejects the application filed by the petitioner under Order XVI Rule 6 of the Code of Civil Procedure, 1908 ('the CPC' for short) seeking a direction at the hands of Tahsildar to produce the entire land tribunal record pertaining to LRF case No.924/75-76. The concerned Court rejects the application on the score that the present defendant was not - 4 - NC: 2025:KHC:23623 WP No. 4751 of 2025 HC-KAR present on 29.01.2025. The orders passed on the said application are as follows: "O.S.161/2019 Dw1 absent. Counsel for Defendant No. 4 filed IA u/o 17 rule 1 of cpc seeking for adjournment of above case since there is marriage of Defendart No. 4 sisters daughter. Perused In the interest of justice. Above application is allowed with further cost of Rs.500/-. Call on by 06.02.2025. Dw1 absent. Counsel for Defendant No. 4 submitted that Dw1 has not come to the court. Defendant No.4 Counsel filed IA u/o 16 rule 6 of cpc seeking direction to the Tahsildar to produce the entire land tribunal record pertaining to LRF Case No.924/75-76 between Yallappa reddy V/s Y Shivappa. Counsel for Defendant No. 4 submitted that they have applied for certified copy of the same before tahsildar but they have not given copy of the same. However Defendant No. 4 Counsel not produce any endorsement by the Tahsildar. Hence under these circumstances the above application filed by Defendant No.-4-w/o-16-rule 6 of cpc is dismissed as non maintainable. Dw1 absent. Defendant No. 4 Counsel Prays time for when case called at 3.45pm. Defendant No. 4 Counsel submitted that Dw1 is not feeling well. However same submission was made in the morning session it is made only in the after noon session. Further the Plaintiff Counsel is ready and waiting from morning to till this time to cross examine Dw1. Hence the prayer for grant of some more time for appearance and cross examination of Dw1 is rejected and the further cross of Dw1 is taken as nil as Dw1 not tendered himself for cross examination even after granting suf time. - 5 - NC: 2025:KHC:23623 WP No. 4751 of 2025 HC-KAR For arguments by 15.02.2025." 3. The learned counsel appearing for the petitioner submits that he was not even heard in the matter. The case was kept by in the morning and re-called at 03.45 p.m. and counsel for defendant No.4 had submitted that he was not feeling well and the same mention had been made in the forenoon session. Notwithstanding this, the order is passed rejecting the application. The order is quoted hereinabove. It does not inspire confidence even to its semblance, as there is no application of mind on the part of the petitioner. 4. The learned counsel appearing for the respondents submits it is discretionary on the part of the Court to pass the order. The discretion cannot be exercised in a cavalier manner, as exercised in the case at hand. 5. In that light, on this short ground that the order of the concerned Court suffers from non application of mind, I deem it appropriate to set aside the order passed by the concerned Court dated 12.02.2025 and direct the concerned Court to rehear the application filed under Order XVI Rule 6 of the CPC and pass necessary orders, in accordance with law, - 6 - NC: 2025:KHC:23623 WP No. 4751 of 2025 HC-KAR bearing in mind the observations made in the course of the order. 6. For the aforesaid reasons, the following:
Decision
ORDER i) Writ petition is allowed. ii) The order dated 12.02.2025 filed under Order XVI Rule 6 of the CPC stands quashed. iii) The matter is remitted back to the hands of the concerned Court to pass necessary orders, bearing in mind the observations made in the course of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 41