SHRI. MANOHAR NINGAPPA YALIGOD, vs SMT. VIDYAVATI W/O SHASHIKANT YALIGOUD,

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC-D:16882
WP No. 108475 of 2026


CNR: KAHC020186222026



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 12 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 108475 OF 2026 (GM-CPC)

BETWEEN:

SHRI. MANOHAR NINGAPPA YALIGOD,
AGE. 72 YEARS, OCC. AGRICULTURE,
R/O. MANIHAL VILLAGE,
TALUK RAMDURG, DIST. BELAGAVI-591127.


…PETITIONER

(BY SRI. H.M. DHARIGOND, ADVOCATE)

AND:

SHASHIKANT NINGAPPA YALIGOD,
SINCE DECEASED BY HIS L.RS:

1. SMT. VIDYAVATI W/O. SHASHIKANT YALIGOUD,
AGE 56 YEARS, OCC: HOUSEHOLD WORK,

R/O. OM AL BUILDING, H.NO.1309,
VANTAMURY COLONY, SHRI NAGAR,
BELAGAVI-590001.

2. SHRI. VIJAY S/O. SHASHIKANT YALIGOUD,
AGE 31 YEARS, OCC: AGRICULTURE AND BUSINESS,
R/O. OM AI BUILDING, H.NO.1309,
VANTAMURY COLONY, SHRI NAGAR,
BELAGAVI-590001.


3. SMT. LALITHA RAVI HOSUR,

SINCE EXPIRES IN THE YEAR 1986,
THROUGH HER LEGAL REPRESENTATIVE:

MISS. TRUPTI RAVI HOSUR,
AGE 28 YEARS, OCCUPATION: STUDENT,
PLOT NO.40, SHIVAJI PARK,
KOLHAPUR-416003.

4. SMT. NIRMALA MALLESH NAGESHNAVAR,
MAIDEN NAME NIRMALA D/O NINGAPPA YALIGOD,
AGE 42 YEARS, OCCUPATION AGRICULTURE,
YADALLI, POST: SANGRESHKOPPA,
SAVADATTI TALUK, BELGAUM DISTRICT-591126.






Digitally
signed by
SAROJA
HANGARAKI
Location:
HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
SAROJA
HANGARAKI

- 2 -
HC-KAR
NC: 2026:KHC-D:16882
WP No. 108475 of 2026


CNR: KAHC020186222026


5. SHOBHA RAVINDRA KALBURGI,
MAIDEN NAME SHOBHA D/O NINGAPPA YALIGOD,
AGE 40 YEARS, OCCUPATION SERVICE,

POST: SULEBHAVI, HUNAGUND TALUK,
BAGALKOT DISTRICT-587124.

6. FAKIRAPPA YANKAPPA TALAWAR,
AGE 40 YEARS, OCCUPATION BUSINESS,
JANATHA HOUSE, ATMANANDA NAGAR,
MANIHAL VILLAGE, RAMDURG TALUKA,
DIST: BELAGAVI-591123.

7. RAMZAN SURKOD,
AGE 52 YEARS, OCCUPATION TAILOR,
MANIHAL VILLAGE,
RAMDURG TALUKA. DIST: BELAGAVI-591123.

8. THE MANAGER,
BELGAUM INDUSTRIAL COOPERATIVE BANK,
SPM ROAD, BELAGAVI-590001.

9. THE MANAGER,
SUREBAN URBAN COOPERATIVE BANK,
SUREBAN, RAMDURGA TALUKA,
BELAGAUM-591123.


10. SHEKAPPA BASAPPA MEDAR,

AGE 45 YEARS, OCCUPATION BUSINESS,
MANIHAL VILLAGE, RAMDURG TALUKA.
DIST: BELAGAVI-591123.

11. THE MANAGER,
AGRICULTURAL COOPERATIVE SOCIETY,
MANIHAL VILLAGE, RAMDURG TALUK.
DIST: BELAGAVI-591123.

12. HANUMANTAPPA ROGANNAVAR,
AGE 70 YEARS, OCCUPATION AGRICULTURE,

RESIDENT OF LAKHANAIKANKOP,
POST: MULLUR, RAMDURG TALUKA.
DIST: BELAGAVI-591123.

13. SHRI. SATISH MANOHAR YALIGOD,
AGE 35 YEARS, OCCUPATION AGRICULTURE,
MANIHAL, RAMDURGA TALUK.
DIST: BELAGAVI-591123.

14. SHRI. SUNIL MANOHAR YALIGOD,

- 3 -
HC-KAR
NC: 2026:KHC-D:16882
WP No. 108475 of 2026


CNR: KAHC020186222026


AGE 33 YEARS, OCCUPATION AGRICULTURE,
MANIHAL, RAMDURGA TALUK.
DIST: BELAGAVI-591123.


SMT. HAMPAVVA D/O FAKIRAPPA ROGANNAVAR,

SINCE DECEASED BY HER LEGAL HEIRS:

15. SMT. HANAMAVVA W/O. BASAVRAJ ROGANNAVAR,
AGE 54 YEARS, OCC: HOUSEHOLD WORK,
R/O. LAKHANAYAKANKOPPP
TAL. RAMDURG, DIST: BELAGAVI-591123.

16. SHRI. NAGAPPA FAKIRAPPA HUCHAKENCHANNAVAR,
AGE 62 YEARS, OCC: AGRICULTURE,
R/O. LAKHANAYAKANKOPPP TAL.RAMDURG,
DIST: BELAGAVI-591123.


17. SRI. SHIVAPPA S/O FAKIRAPPA ROGANNAVAR,

AGE 60 YEARS, OCC: AGRICULTURE,
R/O. LAKHANAYAKANKOPP
TAL. RAMDURG, DIST: BELAGAVI-591123.

18. SRI. SIDDAPPA S/O FAKIRAPPA ROGANNAVAR,
AGE 58 YEARS, OCC: AGRICULTURE,
R/O. LAKHANAYAKANKOPP TAL. RAMDURG,
DIST: BELAGAVI-591123.

19. SRI. MAILARI S/O FAKIRAPPA ROGANNAVAR,
AGE 56 YEARS, OCC: AGRICULTURE,

R/O. LAKHANAYAKANKOPP TAL. RAMDURG,
DIST: BELAGAVI-591123.

20. SRI. BASAVARAJ S/O FAKIRAPPA ROGANNAVAR,
AGE 54 YEARS, OCC: AGRICULTURE,
R/O. LAKHANAYAKANKOPP TAL. RAMDURG,
DIST: BELAGAVI-591123.

21. SRI. PURNANAD S/O FAKIRAPPA ROGANNAVAR,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. LAKHANAYAKANKOPP
TAL. RAMDURG, DIST: BELAGAVI-591123.

22. SMT. SIDDAVVA W/O. YALLAPPA ROGANNAVAR,
AGE 71 YEARS, OCC: HOUSEHOLD WORK,
R/O. LAKANAYAKANAKOPPA TAL. RAMDURG,
DIST: BELAGAVI-591123.

- 4 -
HC-KAR
NC: 2026:KHC-D:16882
WP No. 108475 of 2026


CNR: KAHC020186222026


23. SRI. CHANNABASAPPA S/O. YALLAPPA ROGANNAVAR,
AGE 50 YEARS, OCC: DRIVER,
R/O. LAKANAYAKANAKOPPA
TAL. RAMDURG, DIST: BELAGAVI-591123.

24. SHRI. MAHADEVAPPA S/O. YALLAPPA ROGANNAVAR,

AGE 45 YEARS, OCC: AGRICULTURE,
R/O. LAKANAYAKANAKOPPA
TAL. RAMDURG, DIST: BELAGAVI-591123.

25. SMT. SHANTAVVA W/O. YALLAPPA ROGANNAVAR,
AGE 40 YEARS, OCC: HOUSEHOLD WORK,
R/O. MUDENAKOPPA VILLAGE
TAL. RAMDURG, DIST: BELAGAVI-591123.

SRI. RAYAPPA S/O. SIDDAPPA ROGANNAVAR,
SINCE DECEASED HIS LEGAL HEIRS


26. SMT. GANGAVVA W/O. RAYAPPA ROGANNAVAR,
AGE 63 YEARS, OCC: HOUSEHOLD WORK,

R/O. LAKANAYAKANKOPP TALUKA RAMDURG,
DIST: BELAGAVI-591123.

27. SHRI. BHIMAPPA S/O. RAYAPPA ROGANNAVAR,
AGE 64 YEARS, OCC: AGRICULTURE,

R/O. LAKANAYAKANKOPP TALUKA RAMDURG,
DIST: BELAGAVI-591123.

28. SMT. LAXMAVVA W/O. SIDDAPPA KURI,
AGE 62 YEARS, OCC: HOUSEHOLD WORK,
R/O. LAKANAYAKANKOPP TALUKA RAMDURG,
DIST: BELAGAVI-591123.

29. SHRI. BHIRAPPA S/O. RAYAPPA ROGANNAVAR,

AGE 40 YEARS, OCC: AGRICULTURE,
R/O. LAKANAYAKANKOPP TALUKA RAMDURG,
DIST: BELAGAVI-591123.

30. SHRI. SURESH S/O. RAYAPPA ROGANNAVAR,
AGE 68 YEARS, OCC: HOUSEHOLD WORK,
R/O. LAKANAYAKANKOPP TALUKA RAMDURG,
DIST: BELAGAVI-591123.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT,
ORDER, OR DIRECTION, TO QUASH AND SET ASIDE THE IMPUGNED
ORDER DATED 28.09.2026 PASSED BY THE LEARNED SENIOR CIVIL

- 5 -
HC-KAR
NC: 2026:KHC-D:16882
WP No. 108475 of 2026


CNR: KAHC020186222026


JUDGE AND JMFC, RAMDURG ON I.A. NO. 56 IN O.S. NO. 13/2013,
PRODUCED HEREWITH AS ANNEXURE-F AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER


1. Petitioner is defendant No.1 in O.S.No.13/2013 being
aggrieved by the rejection of his application in I.A.56
seeking referring of document Ex.D58 for signature
verification. The said suit in O.S.No.13/2013 has been
filed by Shashikant now since deceased represented by
his LRs-respondents 1 and 2 herein for relief of
partition and separate possession.

2. Defendant No.1 in his written statement has set up a
plea that original plaintiff and plaintiff No.2 executed a
relinquishment deed dated 25.06.2010 relinquishing all
their right, title and interest in the suit property in
favour of defendant No.1 by receiving a sum of
Rs.10,50,000/-. Said document is marked as Ex.D58.
Execution and signature on the said document has
been denied by plaintiffs. It is under these

- 6 -
HC-KAR
NC: 2026:KHC-D:16882
WP No. 108475 of 2026


CNR: KAHC020186222026


circumstances defendant No.1 had sought for reference
of the said document for signature verification.

3. By the impugned order, the trial Court has rejected the
said application on the premise that said document
Ex.D58, though titled as “Kararu Patra”, the defendant
claims right, title and interest in half share in suit
property in terms of the said relinquishment deed. The
said document not having been registered under
Section 17 of the Registration Act, 1908 cannot be
admitted in evidence. Therefore, referring the
document for expert opinion to prove the signature is
of no avail. Hence the application came to be rejected
with cost of Rs.500/-.

4. Learned counsel for the petitioner assailing the said
order submits that it is under the said document
plaintiff has received a sum of Rs.10,50,000/- and in
consideration of which has relinquished half of his right,
title and interest in the suit property in favour of
defendant No.1 and having received the consideration
on the execution of said document, it was not open for

- 7 -
HC-KAR
NC: 2026:KHC-D:16882
WP No. 108475 of 2026


CNR: KAHC020186222026


the plaintiff to deny the signature. Verification of the
signature of the plaintiff by an expert is therefore
imperative for the effective determination of the suit.

5. Heard and perused the records.

6. The trial Court has rejected the application on the
premise that Ex.D58 under which the defendant No.1
claiming his right, title and interest to an extent of half
share in the suit property based on the said document
which according to the defendant No.1 has been
executed by the plaintiff by receiving Rs.10,50,000/-.
The trial Court referring to Section 17(1)(b) of the
Registration Act, 1908 has found the said document is
compulsorily registrable inasmuch as it seek to create
and extinguish right, title and interest in the immovable
property. The trial Court has also referred to the
judgment of the Apex Court in the case of Shyam
Narayan Prasad Vs Krishna Prasad and others
reported in AIR 2018 SC 3152 wherein it has been
held that best evidence of contents of a document is
document itself and as required under Section 91 of the

- 8 -
HC-KAR
NC: 2026:KHC-D:16882
WP No. 108475 of 2026


CNR: KAHC020186222026


Indian Evidence Act, document itself has to be
produced to prove its content, but having regard to
Section 49 of the Registration Act, any document which
is not registered as required under law would be
inadmissible in evidence and therefore cannot be
produced and proved under Section 91 of the Indian
Evidence Act.

7. Admittedly Ex.D58 under which the defendant No.1 is
claiming right, title and interest to the suit property is
unregistered. In that view of the matter trial Court
rejected the application, which cannot be found fault
with. Petition lacks merit and same is dismissed .



Sd/-
(M.G.S. KAMAL)
JUDGE


SBN
CT:CMU
LIST NO.: 1 SL NO.: 26