Swapna Ketkar vs Sri. Venkatachalaiah on 14 June, 2024
-1-
NC: 2024:KHC:21246-DB
RFA No. 601 of 2024
IN THE HIGH COURT ... HEGDE
REGULAR FIRST APPEAL NO. 601 OF 2024 (SP)
BETWEEN:
SMT. SWAPNA KETKAR,
W/O ANAND KETKAR,
AGED ABOUT 73 YEARS,
PRESENTLY
Supreme Court in the case of
GOPAL KRISHNAJI KETKAR V. MOHAMED HAJI LATIF AND
OTHERS reported in AIR 1968 SC 1413 and by referring ... Supreme Court in the case of GOPAL
KRISHNAJI KETKAR (supra), in the course of judgment has
observed thus:
"On behalf of the appellant reference
held by the Apex Court in the case of Gopal Krishnaji Ketkar v. Mohamed Haji Latif and Ors. , for non-production of the file, which
also relied on a judgment in the case of Gopal Krjshnaji Ketkar v. Mohamed Haji Latif and Ors. and submitted that adverse inference is required
Narasimhaiah v. KSFC, Bangalore (2003) KLJ 164 (Para 5).
4. Gopal Krishnaji Ketkar v. Mohamed Haji Latif and Ors .
Besides placing reliance upon the above
Apex Court's judgment in
the case of GOPAL KRISHNAJI KETKAR vs. MOHAMED
HAJI LATIF AND OTHERS reported in AIR 1968 SC 1413
wherein
laid
down by the Apex Court in GOPAL KRISHNAJI KETKAR
VS. MD. HAJI LATIF AND OTHERS1 .
11. It is not the case of the defendants
from the facts of the case discussed above.
9. In ( Gopal Krishnaji Ketkar v. Mohammed Haji Latif ) the Supreme Court would notice the consideration
Others , Atyam Veerraju and Others v Pechetti Venkanna and Others , Gopal Krishnaji Ketkar v Mohamed Haji Latif and Others , and in the case
party fails to examine important witness and in GOPAL KRISHNAJI KETKAR v. MOHAMMED HAJI LATIF AND ORS. , in which it is held that the Court
