AI Structured Summary
Not yet generated for this judgment
Judgment
B.M. Shyam Prasad, J
The petitioners, who are the plaintiffs in O.S.No.15209/2001 on the file of the XXVIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru (for short, 'the civil Court'), have filed this petition for the relief which reads as under:
"Issue writ in the nature of mandamus directing the learned City Civil Judge, Bengaluru (CCH:29) to mark ANNEXURE "F" palu patti in the evidence of Pw-1 pursuant to the Order dt: 2-8-2016 passed in OS No.15209/2001.
OR IN THE ALTERNATIVE Quash the Order dt:6-7-2012 passed in OS.No.15209/2001 marked as ANNEXURE "C" on the file of the learned City Civil Judge, Bengaluru (CCH:29) by issuing a writ in the nature of Certiorari."
Sri. Mahesh R. Uppin, learned counsel for the petitioners, submits that the petitioners, for complete adjudication of the questions in O.S.No.15209/2001 rely upon a Palu patti. The petitioners' request to mark the Palu patti as an exhibit was rejected by the civil Court by its order dated 06.07.2012. However, with this Court permitting the petitioners to mark Palu patti in similar proceedings initiated by the petitioners, they have filed an application under Section 151 of the Code of Civil Procedure, 1908 before the civil Court. The civil Court has considered this application by the order dated 02.08.2016 and in fact, the application is allowed. The petitioners bonafide have not marked the Palu patti, and this Palu patti would require to be marked in the light of the later decision of this Court in similar circumstances.
This Court, in the light of the grounds urged and on perusal of the records, would opine that the petition must be disposed of with liberty to the petitioners to make appropriate application before the civil Court for leave to mark the Palu patti relying upon the circumstances now urged, and the civil Court should consider such application, if filed, in accordance with law in the light of the assertions and take appropriate decision before proceeding to pass judgment in the suit.
The petition stands disposed of with liberty to the petitioners as aforesaid.