Writ Petition No. 16043 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:3415 WP No. 16043 of 2022 C/W WP No. 16000 of 2022 WP No. 16026 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16043 OF 2022 (GM-CPC) C/W WRIT PETITION NO. 16000 OF 2022 (GM-CPC) WRIT PETITION NO. 16026 OF 2022 (GM-CPC) IN WP No. 16043/2022 BETWEEN: MR ASHWATHANARAYANA GOWDA AGED ABOUT 72 YEARS SON OF MR. GOPALAGOWDA RESIDENT OF SIDDAPURA VILLAGE KASABA HOBLI, MADHUGIRI TALUK TUMAKURU-572132 …PETITIONER (BY SMT. AMRUTHA B.R., ADVOCATE FOR SRI. KASHYAP N NAIK.,ADVOCATE) AND: 1. MR RAMAIAH AGED ABOUT 51 YEARS SON OF LATE S.D RANGANNA Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
Legal Reasoning
2. MR.S.R. HARISH AGED ABOUT 47 YEARS S/O LATE S.D. RANGANNA 3. MR.S.R. JAGADEESH AGED ABOUT 42 YEARS S/O LATE S.D. RANGANNA 4. SMT. LALITHAMMA MAJOR W/O LATE DODDARANGAPPA - 2 - NC: 2025:KHC:3415 WP No. 16043 of 2022 C/W WP No. 16000 of 2022 WP No. 16026 of 2022 R1 TO R4 ARE R/AT SIDDAPURA VILLAGE KASABA HOBLI, MADHUGIRI TALUK TUMAKURU-572132. 5. SMT. KALYANAMMA AGED ABOUT 70 YEARS WIFE OF LATE SANKARAPPA RESIDENT OF SIDDAPURA VILLAGE KASABA HOBLI, MADHUGIRI TALUK TUMAKURU-572132. 6. ASHWATHAPPA AGED ABOUT 60 YEARS RESIDENT OF BELLADAMADUGU VILLAGE DABBEGATTA POST, DODDERI MADHUGIRI TALUK 572132. 7. PRESIDENT TALUK VYAVASAOTHPANNA MARATHA SAHAKARA SANGHA NIYAMITA A CO-OPERATIVE SOCIETY MADHUGIRI TUMAKURU 572132. 8. SECRETARY TALUK VYAVASAOTHPANNA MARATHA SAHAKARA SANGHA NIYAMITA A CO-OPERATIVE SOCIETY MADHUGIRI, TUMAKURU 572132. 9. SECRETARY PRATHAMIKA KRUSHI PATHINA SAHAKRA SANGHA NIYAMITHA A CO-OPERATIVE SOCIETY KASABA HOBLI, MADHUGIRI TUMAKURU 572132. R7 TO R9 ARE REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT. (BY SRI.SAMARTH M, AND SRI. VIVEK S, ADVOCATES FOR R1 TO R4, NOTICE TO R5 TO R9 ARE DISPENSED WITH) …RESPONDENTS - 3 - NC: 2025:KHC:3415 WP No. 16043 of 2022 C/W WP No. 16000 of 2022 WP No. 16026 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 25.07.2022 PASSED BY THE LD.PRINCIPAL CIVIL JUDGE AND JMFC,AT MADHUGIRI IN OS.NO.351 OF 2012 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE IA NO.20 FILED BY THE PETITIONER HEREIN (ANNEXURE-F) AND ALLOW THE PETITIONER TO ADDUCE FURTHER EVIDENCE BY REOPENING THE STAGE OF DEFENDANT EVIDENCE AND CONDONING THE DELAY (IF ANY) IN ADDUCING OF SUCH DOCUMENTS AND ETC. ...PETITIONER IN WP NO. 16000/2022 BETWEEN: MR ASHWATHANARAYANA GOWDA AGED ABOUT 72 YEARS SON OF MR GOPALAGOWDA R/OF SIDDAPURA VILLAGE KASABA HOBLI MADHUGIRI TALUK, TUMAKURU - 572132 (BY SMT. AMRUTHA B.R., ADVOCATE FOR SRI. KASHYAP N NAIK.,ADVOCATE) AND: 1. MR RAMAIAH AGED ABOUT 51 YEARS SON OF LATE S D RANGANNA 2. MR S R HARISH AGED ABOUT 47 YEARS SON OF LATE S D RANGANNA 3. MR S R JAGADEESH AGED ABOUT 42 YEARS SON OF LATE S D RANGANNA 4. SMT LALITHAMMA MAJOR W/O LATE DODDARANGAPPA RESIDENT OF SIDDAPURA VILLAGE - 4 - NC: 2025:KHC:3415 WP No. 16043 of 2022 C/W WP No. 16000 of 2022 WP No. 16026 of 2022 KASABA HOBLI MADHUGIRI TALUK TUMAKURU - 572132. 5. SMT KALYANAMMA AGED ABOUT 70 YEARS W/O LATE SANKARAPPA RESIDENT OF SIDDAPURA VILLAGE KASABA HOBLI MADHUGIRI TALUK TUMAKURU - 572132. 6. ASHWATHAPPA AGED ABOUT 60 YEARS R/OF BELLADAMADUGU VILLAGE DABBEGATTA POST, DODDERI MADHUGIRI TALUK - 572132. 7. PRESIDENT TALUK VYAVASAOTHPANNA MARATHA SAHAKARA SANGHA NIYAMITA A CO-OPERATIVE SOCIETY MADHUGIRI TUMAKURU 572132. 8. SECRETARY TALUK VYAVASAOTHPANNA MARATHA SAHAKARA SANGHA NIYAMITHA A CO-OPERATIVE SOCIETY MADHUGIRI TUMAKURU - 572132. 9. SECRETARY PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA KASABA HOBLI MADHUGIRI TUMAKURU - 572132 ...RESPONDENTS (BY SRI.SAMARTH, AND SRI VIVEK S.,ADVOCATES FOR R1 TO R4: NOTICE TO R5 TO R9 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DATED: 25.07.2022 PASSED BY THE LD. PRINCIPAL - 5 - NC: 2025:KHC:3415 WP No. 16043 of 2022 C/W WP No. 16000 of 2022 WP No. 16026 of 2022 CIVIL JUDGE AND JMFC, AT MADHUGIRI IN OS.NO.351 OF 2012 ANNEXURE-A AND CONSEQUENTLY ALLOW THE I.A.NO.19, FILED BY THE PETITIONER HEREIN ANNEXURE-E AND ALLOW THE PETITIONER TO ADDUCE FURTHER EVIDENCE BY REOPENING THE STAGE OF DEFENDANT EVIDENCE AND CONDONING THE DELAY (IF ANY) IN ADDUCING OF SUCH DOCUMENTS AND ETC. ...PETITIONER IN WP NO. 16026/2022 BETWEEN: MR ASHWATHANARAYANA GOWDA AGED ABOUT 72 YEARS SON OF MR GOPALAGOWDA R/OF SIDDAPURA VILLAGE KASABA HOBLI MADHUGIRI TALUK, TUMAKURU - 572132 (BY SMT. AMRUTHA B.R., ADVCOATE FOR SRI. KASHYAP N NAIK.,ADVOCATE) AND: 1. MR RAMAIAH AGED ABOUT 51 YEARS SON OF LATE S D RANGANNA 2. MR S R HARISH AGED ABOUT 47 YEARS SON OF LATE S D RANGANNA 3. MR S R JAGADEESH AGED ABOUT 42 YEARS SON OF LATE S D RANGANNA 4. SMT LALITHAMMA MAJOR W/O LATE DODDARANGAPPA RESIDENT OF SIDDAPURA VILLAGE KASABA HOBLI MADHUGIRI TALUK TUMAKURU - 572132. - 6 - NC: 2025:KHC:3415 WP No. 16043 of 2022 C/W WP No. 16000 of 2022 WP No. 16026 of 2022 5. SMT KALYANAMMA AGED ABOUT 70 YEARS W/O LATE SANKARAPPA RESIDENT OF SIDDAPURA VILLAGE KASABA HOBLI MADHUGIRI TALUK TUMAKURU - 572132. 6. ASHWATHAPPA AGED ABOUT 60 YEARS R/OF BELLADAMADUGU VILLAGE DABBEGATTA POST, DODDERI MADHUGIRI TALUK - 572132. 7. PRESIDENT TALUK VYAVASAOTHPANNA MARATHA SAHAKARA SANGHA NIYAMITA A CO-OPERATIVE SOCIETY MADHUGIRI TUMAKURU 572132. 8. SECRETARY TALUK VYAVASAOTHPANNA MARATHA SAHAKARA SANGHA NIYAMITHA A CO-OPERATIVE SOCIETY MADHUGIRI TUMAKURU - 572132. 9. SECRETARY PRATHAMIKA KRUSHI PATHINA SAHAKARA SANGHA NIYAMITHA KASABA HOBLI MADHUGIRI TUMAKURU - 572132 ...RESPONDENTS (NOTICE TO R1 TO R4 ARE SERVED AND UNREPRESENTED NOTICE TO R5 TO R9 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DATED: 25.07.2022 PASSED BY THE LD. PRINCIPAL CIVIL JUDGE AND JMFC, AT MADHUGIRI IN OS.NO.351 OF 2012 ANNEXURE-A AND CONSEQUENTLY ALLOW THE - 7 - NC: 2025:KHC:3415 WP No. 16043 of 2022 C/W WP No. 16000 of 2022 WP No. 16026 of 2022 FILED BY THE PETITIONER HEREIN I.A.NO.18/2022, ANNEXURE-E AND ALLOW THE PETITIONER TO ADDUCE FURTHER EVIDENCE BY REOPENING THE STAGE OF DEFENDANT EVIDENCE AND CONDONING THE DELAY (IF ANY) IN ADDUCING OF SUCH DOCUMENTS AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER These writ petitions are filed by the defendant under Article 227 of the Constitution of India, challenging the order dated 25.07.2022 passed by Principal Civil Judge and JMFC, in O.S.No.351/2012, whereby I.A.Nos.XVIII, XIX & XX are dismissed. 2. The plaintiffs filed a suit for declaration and injunction. After the written statement is filed by the defendant, IA.No.XVIII is filed under Section 151 of CPC for reopening the case for marking the documents, IA No.XIX filed under Order 18 Rule 17 of CPC to recall DW1 for the purpose of marking the documents and IA No.XX - 8 - NC: 2025:KHC:3415 WP No. 16043 of 2022 C/W WP No. 16000 of 2022 WP No. 16026 of 2022 under Order VIII Rule 1A seeking order to permit to file the documents to condone the delay. 3. On 03.10.2017 the matter was posted for defendants evidence. Thereafter, the defendants have taken two adjournments to lead defendants evidence. On 29.11.2017 the defendants filed two applications under Order VIII Rule 1A of CPC (IA No.9 and 10) for production of documents. The said applications were allowed by the court by imposing a cost of Rs.200/-. Again on 18.01.2018 defendant No.1 lead his evidence as DW1 and marked D1 to D39. Thereafter, the matter was posted for cross-examination on 29.01.2018, 07.02.2018, 16.02.2018 and 28.02.2018. On the above dates, DW1 was absent. Again, the matter was adjourned. On 07.03.2018, DW1 was present. The learned counsel for the plaintiff cross-examined said witnesses. Thereafterwards, defendant examined defendant No.2 as DW2 and marked Ex.D40 to D101. On 02.04.2018, defendant No.1 filed IA No.XI under Order VIII Rule 1A of - 9 - NC: 2025:KHC:3415 WP No. 16043 of 2022 C/W WP No. 16000 of 2022 WP No. 16026 of 2022 CPC for production of documents. The said application was allowed. Further, the chief of DW1 has been recorded. Thereafter, defendants examined five witnesses as DW3 to DW7. The matter was posted for arguments on 18.04.2022 Thereafterwards on 17.06.2022, the plaintiff’s counsel argued the matter and defendants counsel sought time for arguments. The matter was posted on 27.06.2022 and 01.07.202. On 04.07.2024 defendant No.1 filed these applications. In the applications, he has not given any reasons as to why these documents have not been produced even on earlier occasion. They have filed applications earlier, i.e., IA Nos. IX, X and XI for production of documents. At that time also, he has not produced these documents. No proper reason is forthcoming in the affidavit. It appears that, just to protract the proceedings, he is filing these applications. The trial court, after considering all these aspects, rightly dismissed the applications. There are no grounds made out by the petitioner to interfere in the order passed by the trial court. - 10 - NC: 2025:KHC:3415 WP No. 16043 of 2022 C/W WP No. 16000 of 2022 WP No. 16026 of 2022 4. Accordingly, writ petitions are dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 107