P.N. MUNISWAMAPPA AND ORS. Vs. MURTHY

JUDGEMENT

(1.) This writ petition is filed challenging the orders on I.A.No.9 in O.S.No.306/1997 on the file of the Court of Civil Judge (Jr.Dvn.), Chikkaballapura dated 12.3.2013.

(2.) The facts in brief are that the petitioners filed O.S.No.306/1997 for declaration and injunction. The 1st petitioner examined as PW1 and produced Exs.P.1 to P.26. Ex.P.13 is the partition deed. The defendant No.6/respondent filed I.A.No.9 to strike out/delete the evidence of PW1 in the chief examination of PW1 as the deed of partition/relinquishment deed i.e., Ex.P.13 is not admissible in evidence. The said application was rejected by the trial Court on 21.08.2009 against which, writ petition No.34362/2009 was filed by the respondent before this Court. This Court allowed the writ petition on 10.11.2010 setting aside the order passed by the trial Court and directed the trial Court to examine the prayer made in I.A.No.9 afresh after providing an opportunity to the petitioner to establish that the document in question was inadmissible in evidence and therefore, cannot be marked in evidence. Pursuant to the said order passed by this Court, the trial Court considered the matter afresh and allowed I.A.No.9 holding that the document i.e., the partition deed/relinquishment deed requires compulsory registration and has to be duly stamped, being devoid of all these, is not admissible in evidence. This order dated 12.3.2013 passed by the trial Court is impugned in this writ petition.

(3.) Heard learned counsel appearing for the parties.