Karnataka High Court
Smt. Kasturevva W/O Shivaputrappa ... vs Sri Huvappa S/O Ningappa Chavadi on 11 February, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC-D:2674
WP No. 104918 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 104918 OF 2024 (GM-CPC)
BETWEEN:
1. SMT. KASTUREVVA
W/O. SHIVAPUTRAPPA CHAVADI @ HADIMANI,
AGE. 61 YEARS, OCC. HOUSEHOLD,
R/O. IBRAHIMAPUR, TQ. NAVALGUND,
AND DIST. DHARWAD.
2. SMT. SUNANDA W/O. HANUMAPPA DEVAKKI
AGE. 37 YEARS, OCC. HOUSEHOLD,
R/O. JAGAPUR, TQ. NARGUND AND DIST. GADAG.
3. SMT. RATNAVA W/O. SHIVAKUMAR HANCHINALA
AGE. 34 YEARS, OCC. HOUSEHOLD,
R/O. NIRALAGI, TQ AND DIST. GADAG.
...PETITIONERS
(BY SRI. S.C.JAINAR, ADVOCATE)
AND:
1. SRI. HUVAPPA S/O. NINGAPPA CHAVADI
AGE. 24 YEARS, OCC. BUSINESS,
GIRIJA A
BYAHATTI R/O. IBRAHIMAPUR, TQ. NAVALGUND
Digitally signed by
GIRIJA A BYAHATTI
AND DIST. DHARWAD-582208.
Location: High Court of
Karnataka, Dharwad
Bench
Date: 2025.02.14
15:25:57 +0530
2. SMT. NILAVVA W/O. NINGAPPA CHAVADI
AGE. 49 YEARS, OCC. HOUSEHOLD,
R/O. IBRAHIMAPUR, TQ. NAVALGUND
AND DIST. DHARWAD-582208.
3. VIJAYA W/O. BASAPPA MADALAGERI
AGE. 28 YEARS, OCC. HOUSEHOLD,
R/O BEHIND RAM TEMPLE, RAMNAGAR,
ASUNDI, TQ AND DIST. GADAG-591126.
...RESPONDENTS
-2-
NC: 2025:KHC-D:2674
WP No. 104918 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF
CERTIORARI QUASHING THE ORDER DATED 03.12.2022 IN
O.S.NO.355/2017 PASSED BY THE CIVIL JUDGE AND JMFC,
NAVALGUND, VIDE ANNEXURE-C IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Notice to respondents is dispensed with in view of the proposed order to be passed.
2. The petitioners are before this Court seeking for the following reliefs:
a) Issue a Writ of Certiorari quashing the Order dated 03.12.2022 in O.S.No.355/2017 passed by the Civil Judge and JMFC, Navalgund, vide ANNEXURE-C in the interest of justice and equity and etc.
b) Pass any other order or direction as this Hon'ble Court deems just and proper under the facts and circumstances of the case including award of cost, in the interest of justice and equity.
3. Respondent No.1 had filed a suit in O.S.No.355/2017 seeking for partition and separate possession. In the said matter, the petitioners, who are defendants No. 1 to 3, have sought for the production of two -3- NC: 2025:KHC-D:2674 WP No. 104918 of 2024 relinquishment deeds dated 16/03/2006 and 18/05/2006 and mark the same in their evidence. The said request came to be rejected by an order dated 03.12.2022, by holding that the relinquishment deeds, not being registered, are inadmissible in evidence, as they are compulsory registrable documents under Section 17(1)(b) of the Registration Act, 1908. It is challenging the same, the petitioners are before this Court.
4. Once earlier, when the matter was taken up for hearing, learned counsel for the petitioner was called upon to produce a copy of the relinquishment deed to ascertain whether it had been registered or not. A memo dated 07.02.2025 has been filed enclosing the photocopies of the relinquishment deeds. A perusal of the same, indicated that the said documents are not registered.
5. In view of the matter, a relinquishment deed transferring rights in immovable property is -4- NC: 2025:KHC-D:2674 WP No. 104918 of 2024 compulsorily registrable under Section 17(1)(b) of the Registration Act, 1908, the same have not having been registered, those documents cannot be marked in evidence, as they are inadmissible. However, liberty is reserved for the petitioners to prove the said relinquishment deeds acted upon by any other means.
6. The petition stands dismissed.
Sd/-
(SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 6