IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
PRESENTATION FORM
WP FR NO. / 2024 (GM CPC)
IN
WP NO. / 2024 (GM CPC)
ADVOCATE: DISTRICT: - Uttar Kannda
Sri. Subhash J. Baddi BETWEEN:
Advocate-High Court
#63, 3rd Floor, Pride Icon, Smt. Padmashri
Gokul Road, Hubballi – 580030
Mobile: 9880168614 AND:
KAR/1314/2004
subhashbaddi@gmail.com N.C Lokesh
Court fee
Sl.N
Description of Paper Presented Affixed on the
o
Paper
1. Memorandum of Writ Petition Rs. 100/-
2. Vakalatnama – ( ) Rs. 50/-
3. Interim Application No. _ __ for Stay
Number of copies furnished other side Served
Presented by: Subhash J. Baddi, Advocate
Advocate for Petitioner.
Received Paper with
Court-fee labels as above
DATE: -07-2024.
DHARWAD Receiving Clerk.
IN THE HIGH COURT OF KARNATAKA DHARWAD
BENCH AT: DHAWRAD
WRIT PETITION NO. / 2024 (GM CPC)
BETWEEN :
Smt. Padmashree S M @ Padmashree W/o. N.C.Lokesh
…Petitioner
AND :
N.C. Lokesh S/o. Chikkann … Respondent
SYNOPSIS
Sl. Date of
Details
No. Event
29-11-2007 Petitioner and respondent Marriage was solemnized
1. at Vakkaligara Sabhabhavan situated at
Doddaballapur as per Hindu customs and rites.
The petitioner filed an application No. 12 to dismiss
2. 27-06-2023
or reject the petition.
Senior Civil Judge and Pr. J.M.F.C. Sirsi passed an
3. 05-01-2024
order dismissing I.A. No. 12 filed by the petitioner.
FACTS OF THE CASE :
The respondent was already filed petition for restoration of
marriage i.e. MC.67/2020 for restitution of conjugal rights against the
petitioner before Senior Civil Judge, Sirsi and the same is
The witness i.e. Gangappa C. Timmapur was examined by the
defendants as DW-2 admits that the original documents of Ex.P-5 is
with the defendant no.1. Hence, the original plaintiff filed the instant
application requesting the trial court to direct the defendant no.1 to
produce the original copy of the Ex.P-5 i.e. relinquishment deed
which is in the custody of defendant no.1. It is necessary to secure
the original document to adjudicate the matter effectively. However,
the trial court has erroneously dismissed the said application
believing the version of the defendants on the ground that the
plaintiff has not taken any admission from the mouth of the
defendants witness about the original of the Ex.P-5. Hence, this writ
petition.
Place : Dharwad (Subhash J. Baddi)
Date : 09/03/2020 Advocate for
Petitioners
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
AT: DHAWRAD
(Original Jurisdiction)
WRIT PETITION NO. / 2020 (GM CPC)
BETWEEN : Trial Court High
Court
1. Smt. Padmashree S M @ Padmashree Plaintiff Petitioner
W/o. N.C.Lokesh, Age: 55 years, Occ: No.1(a) No.1
Household,
2. Tabrej S/o Dadasab @ Dadapeer Plaintiff Petitioner
Tadapatri, Age: 35 years, Occ: Coolie No.1(b) No.2
Both are residenent of Kolekar Plot, Old Hubballi, Tq: Hubballi, Dist:
Dharwad – 580024
AND :
1. N.C. Lokesh S/o. Chikkanna, Age:47 Defendant Responden
years, Occ: Agriculture and Tailoring, No.1 t No.1
2. Smt. Mohammadabi W/o Mahaboobsab Defendant Responden
Tadapatri, aged about 72 years, Occ: No.2 t No.2
Household work,
3. Gousamodinsab S/o Mahaboobsab Defendant Responden
Tadapatri, aged about 37 years, Occ: No.3 t No.3
Weaver,
4. Kumari. Munni Alias Malanbi D/o Defendant Responden
Mahaboobsab Tadapatri, aged about No.4 t No.4
35 years, Occ: Agriculture and
Tailoring,
5. Kumari Noorjanbi D/o. Mehaboobsab Defendant Responden
Tadapatri, aged about 26 years, Occ: No.5 t No.5
Student,
All are resident of Lakkundi, Tq: Gadag – 582115
6. Budappa S/o. Fakkirappa Gadagi, aged Defendant Responden
about 62 years, Occ: Agriculture, R/o. No.6 t No.6
House No. Kurabageri Oni,
Lakkundi, Tq. Dist: Gadag - 582115
PETITION UNDER ARTICLE 226 & 227 OF CONSTITUTION OF
INDIA
The petitioners above named beg to submits as under:
1. The original plaintiff i.e. deceased Dadasab had filed a suit
for cancelling the relinquishment deed dated 05-06-2012
against the respondents in O.S. No. 185/2013 before the
Principal Senior Civil Judge and JMFC, Gadag. The plaintiff
contended that the agriculture land bearing R.S. No. 670/2
measuring 9 acre situated at Lakkundi village of Gadag Taluka
measuring originally owned by the father of the original plaintiff
i.e., late Jandisab. The said Jandisab died about 40 years back
leaving behind wife, two sons and daughter. In FDP No.
02/2008, the daughter Anwarbegum and two brothers were
compromised and Anwarbegum was given Southern 3 acres out
of RS No.670/2A towards her share. Therefore R.S. No.670/2A
come to be sub – division number as R.S.670/2A/1 which is the
suit property and the original plaintiff and the present
defendants were become joint owners of the suit property.
2. That the plaintiff that the defendants were requested the
Dadasab and his wife to execute the Registered Mortgage Deed
to availed the loan on the suit schedule property to perform the
marriage of the daughters however on 05-06-2012 the
defendants taking advantage of the illiteracy of the plaintiff and
his wife had taken the signature on the relinquishment deed
fraudulently. Hence, the plaintiff was constrained to file the suit,
Copy of the amendment plaint in O.S. No. 185/2013 before the
Principal Senior Civil Judge and JMFC, Gadag is produced
herewith and marked as ANNEXURE “A”.
3. That the defendant no.1 to 5 appeared through their
counsel and filed the written statement contended that the they
were in the actual and lawful possession of the suit property.
The original plaintiff was his own willing to relinquish the right
over the suit property and executed the deed in fevour of the
defendants. The transaction between the plaintiff and the
defendant no.1 and 6 is well within the knowledge of the
plaintiff. The respondents filed written statement denying the
claims made in the plaint and requested the court to dismiss the
suit. Copy of the written statement filed by the petitioners in
O.S. No. 185/2013 is produced and marked as ANNEXURE “B”.
4. The petitioners submit that it is the specific case of the
original plaintiff that on 05-06-2012 the respondent no.1 to 5
herein taking advantage of the illiteracy of the original plaintiff
and his wife had taken the signature on the relinquishment
deed fraudulently and executed the Ex.P-3. However on 05-06-
2012, the original plaintiff and the respondents herein were
executed the Ex.P-5 i.e. relinquishment deed.
5. That in the cross examination of the DW-3 he admits his
signature on the Ex.P-5 which is executed on 05-06-2012 and
signature was marked as Ex.P5 (a). The same is exhibited as
secondary evidence on the objection of the defendants. The
copy of the Ex.P-5 is produced and marked as ANNEXURE –
“C” and the copy of the deposition of DW-3 are produced and
marked as ANNEXURE “D”.
6. That the witness i.e. Gangappa C. Timmapur was
examined by the defendants as DW-2 and he admits in the
cross examination that the original documents of Ex.P-5 is with
the defendant no.1. The copy of the deposition of DW-3 are
produced and marked as ANNEXURE “E”.
7. That the defendant no.1 was examined himself as DW-1
admits the signature of DW3 in the Ex.P-5 in his further cross
examination. The contents of cross examination of DW-1 reveals
that the defendant no.1 was purposely avoid to produce the
original copy of the Ex.P-5. The copy of the deposition of DW-1
are produced and marked as ANNEXURE “F”.
8. Therefore, the original plaintiff filed an application in I.A.
No. 10 under Order 11 Rule 14 & 15 R/W Section 151 of CPC to
direct the defendant no.1 to produce the original document of
the Ex.P-5 which is in his custody. It is necessary to secure the
original documents for the verification and proper appreciation
of the Court below and for adjudication of the dispute finally and
effectively. Copy of the application in I.A. No. 10 filed by the
original plaintiff in O.S. No. 185/2013 is produced herewith and
marked as ANNEXURE “G”.
9. The respondent no.1 to 5 filed objection to the I.A No.10
and contended that there is no such document in existence as
contended by the plaintiff; that the plaintiff himself has created
such document and produced xerox copy of the Ex.P-5; that
such document is not in the custody of the defendants no. 1 to
5 nor it is in existence. Copy of the objections filed by the
respondent no.1 to I.A. No. 10 in O.S. No. 185/2013 is produced
herewith and marked as ANNEXURE “H”.
10. The learned Senior Civil Judge, after hearing both the
parties has erroneously dismissed the application filed by the
petitioners on the ground that the plaintiff has not taken any
admission from the mouth of the defendants witnesses about
the original of Ex.P-3 is with defendants. Hence, the impugned
order is illegal and erroneous. Copy of the impugned order
passed by the Principal Senior Civil Judge and JMFC, Gadag on
I.A. No. 10 in O.S. No. 185/2013 is produced herewith and
marked as ANNEXURE “J”.
11. Therefore, aggrieved by the impugned order passed by
the Principal Senior Civil Judge and JMFC, Gadag on I.A. No. 10 in
O.S. No. 185/2013 dated 20-02-2020, the petitioners seek to file
this writ petition on the following grounds inter alia.
12. The petitioners herein have not filed any other writ
petition on the same cause of action nor have they approached
any other forum for the same relief. The petitioners herein have
no other alternative remedy than to approach this Hon’ble court
under Articles 226 & 227 of the Constitution of India.
GROUNDS
13. It is respectfully submitted that the order passed by the
trial court dismissing the application filed by the petitioners is
illegal, erroneous and unsustainable in law.
14. The trial court failed to note that it is the specific case of
the original plaintiff that on 05-06-2012 the respondent no.1 to
5 herein taking advantage of the illiteracy of the original plaintiff
and his wife had taken the signature on the relinquishment
deed fraudulently and executed the Ex.P-3. However on 05-06-
2012, the original plaintiff and the respondents herein were
executed the Ex.P-5 i.e. relinquishment deed. The court below
without appreciating the said aspect, has erroneously dismissed
the application filed by petitioners and hence the order passed
by the trial court is liable to be set aside.
15. The petitioners respectfully submit that the trial court has
dismissed the application filed by the petitioners on the ground
that there is a dispute between the parties with respect to the
existence of Ex.P-5 itself and that plaintiff has not taken any
admission from the mouth of defendants witnesses about the
Original of Ex.P-5 is with the defendants. However plaintiff had
elicited from the mouth of the DW-1, DW-2 and DW-3 that the
Ex.P-5 in in existence. DW-3 who is witnesses to the Ex.P-5
admits that the same is executed on 05-06-2012 itself. Further
the DW-1 is also admits that the original document of Ex.P-5 is
in the custody of defendant no.1 himself. It is submitted that the
trial court should have drawn inference from the said
depositions and ought to have allowed the application filed by
the petitioners. However, the trial court has wrongly dismissed
the application filed by the petitioners.
16. That the matter is decided without looking into the
correctness of the said document, then, the petitioners will be
put to irreparable loss and hardship. Therefore, the petitioners
prays this Hon’ble court to quash the order passed by the
learned Senior Civil Judge and to allow the application filed by
the petitioners.
GROUNDS FOR INTERIM PRAYER
The petitioners herein submits that, the court below after
passing the impugned order has proceeded with the matter and
the matter is posted for arguments. It is submitted that the
petitioners have heavily relied upon the fact of relinquished
deed i.e. Ex.P5 to prove their case and if the original document
of Ex.P-5 as sought by the petitioners is not secured for
consideration of the court below and the matter is adjudicated
without looking into the correctness of the said document, then,
the petitioner will be put to irreparable loss and hardship. Hence
the petitioners pray that this Hon’ble court be pleased to grant
interim order as prayed for by the petitioners.
PRAYER
WHEREFORE IT IS PRAYED THAT, this Hon’ble Court may
be pleased to issue writ of certiorari or any such writ or
direction to:
(a) Quash the impugned order dated 20-02-2020 passed by
the Principal Senior Civil Judge and JMFC, Gadag on I.A. No. 10 in
O.S. No. 185/2013 vide Annexure ‘J’, in the interest of justice
and equity.
(b) Pass such order or orders which this Hon’ble court
deems fit and necessary under the facts and circumstances of
the case.
INTERIM PRAYER
Pending disposal of the above writ petition, it is prayed
that this Hon’ble Court may be pleased to stay all the further
proceedings of O.S. No. 185/2013 pending on the file of the
Principal Senior Civil Judge and JMFC, Gadag in the interest of
justice and equity.
Place : Dharwad (Subhash J. Baddi)
Date : 09-03-2020 Advocate for
Petitioners
Address for Service
Subhash J. Baddi
Advocate,
#286, Ravinagar,
Hubballi – 580030
Cell No. 9880168614
--
IN THE HIGH COURT OF KARNATAKA DHARWAD
BENCH AT: DHAWRAD
WRIT PETITION NO. 145621 / 2020 (GM CPC)
BETWEEN :
Smt. Padmashree S M @ Padmashree W/o. N.C.Lokesh
and others …Petitioners
AND :
N.C. Lokesh S/o. Chikkanna
and others …
Respondents
AFFIDAVIT
I, Tabrej S/o. Dadasab @ Dadapeer Tadapatri, Age: 35 years,
Occ: Coolie, R/o, Kolekar Plot, Old Hubballi, Hubballi today at
Dharwad, do hereby state on oath and solemn affirmation as under :
1. I am the petitioner No. 2 in the above case. The petitioner no.1
is my mother. I am acquainted with the facts of the suit. I am also
authorized to swear to this affidavit on behalf of the other petitioners.
2. I state that, the statements made in paras 1 to 16 of the
accompanying petition are true and correct to the best of my
knowledge and belief.
3. I state that, the Annexure ‘A’ to Annexure ‘J’ are the true
copies of the originals.
Place : Dharwad
Date : 09-03-2020
Identified by me :
(Subhash J. Baddi)
Advocate
No. of corrections :
-----
IN THE HIGH COURT OF KARNATAKA DHARWAD
BENCH AT: DHAWRAD
WRIT PETITION NO. 145621 / 2020 (GM CPC)
BETWEEN :
Smt. Padmashree S M @ Padmashree W/o. N.C.Lokesh
…Petitioners
AND :
N.C. Lokesh S/o. Chikkanna
and others …
Respondents
INDEX
Sl. Page
Particulars
No. No.
1. Synopsis 1–2
2. Memorandum of Writ Petition 3–9
3. Verifying Affidavit 10
Annexure Copy of the amended plaint in O.S. No.
4. 11 - 20
‘A’ 185/2013
Annexure
5. Copy of the written statement 21 - 24
‘B’
Annexure
6. Copy of the Ex.P-5 25 - 26
‘C’
7. Annexure Copy of the deposition of DW-3 27 - 30
‘D’
8. Annexure ‘E’ Copy of the deposition of DW-2 31 – 34
9. Annexure ‘F’ Copy of the deposition of DW-1 35 – 44
Annexure Copy of the I.A. No.10 filed by the
10. 45 – 48
‘G’ petitioner in O.S. No. 185/2013
Annexure Copy of the objections filed by the
11. 49
‘H’ respondent no.1 to 5 to I.A. No. 10
Copy of the impugned order passed by the
12. Annexure ‘J’ Principal Senior Civil Judge and JMFC, 50 – 57
Gadag on I.A. No. 10 in O.S. No. 185/2013
58
13 Vakalat
Place : Dharwad (Subhash J. Baddi)
Date : 09-03-2020 Advocate for
Petitioners
----
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
AT: DHAWRAD
WRIT PETITION NO. 145621 / 2020 (GM CPC)
BETWEEN :
Smt. Padmashree S M @ Padmashree W/o. N.C.Lokesh
…Petitioners
AND :
N.C. Lokesh S/o. Chikkanna
and others …
Respondents
MEMO FOR DISPENSATION OF NOTICE TO
RESPONDENT Nos. 2 to 6
In the above matter, the Advocate for the petitioner no. 1
and 2 submits that there is no claim or relief against the
respondent nos. 2 to 6. They are formal party to this
proceedings. Therefore, it is prayed that this Hon’ble Court may
be pleased to dispense with the issuance of notice to
respondent Nos.2 to 6, in the interest of justice.
Place : Dharwad (Subhash J. Baddi)
Date : 13-12-2019 Advocate for
Petitioners
----
IN THE HIGH COURT OF KARNATAKA DHARWAD
BENCH AT: DHAWRAD
WRIT PETITION NO. 145621 / 2020 (GM CPC)
BETWEEN :
Smt. Padmashree S M @ Padmashree W/o. N.C.Lokesh
and others …Petitioners
AND :
N.C. Lokesh S/o. Chikkanna
and others …
Respondents
MEMO OF POSTING
In the above matter, the Petitioner has sought for an interim order. Since the
matter is of urgent in nature, the trial court has not issuing necessary direction
to the defendant no.1 to produce the document as sought in the I.A. No.10.
Hence, it is prayed that this Hon’ble court be pleased to direct the office to
post the above matter for Preliminary Hearing/Admission/ Hearing on IA /
Orders on -03-2020 in the interest of justice and equity.
Place: Dharwad (Subhash J. Baddi)
Date : -03-2020 Advocate for the Appellant
(KAR 1314/04 - 9880168614)
