'Totally Misconceived,' SC Sets Aside Order To Produce Mutation Register Of 1939-40

The Supreme Court has taken exception to an order directing Tehsildar to produce mutation register of 1939-40 in respect of a suit property to determine the validity of a sale deed, saying the Trial Court has not adhered to the principles governing the disposal of the application under Order XI Rule 14 of the CPC.

A bench of Justices Dipankar Datta and Prashant Kumar Mishra said the order passed by the Trial Court as affirmed by the High Court in the impugned order allowing the prayer for production of mutation register is totally misconceived and suffers from an error of exercise of jurisdiction.

"In our considered view, while allowing the application under Order XI Rule 14 of the CPC, the Trial Court has not adhered to the principles governing the disposal of the application under Order XI Rule 14 of the CPC," Court said.

Brief Background

A civil appeal was filed by Sri Shrikanth NS and others, defendants in the suit, calling in question the order passed by the Karnataka High Court rejecting their writ petition under Article 227 of the Constitution of India.

The plea assailed the First Appellate Court's common order of January 03, 2022 allowing an application under Order 11 Rule 14 of the Code of Civil Procedure, seeking permission to raise additional grounds in the first appeal.

As per facts on November 19, 1926, the Government of Mysore granted the subject land to one Kurubettappa, father of respondent no 1/plaintiff. The land admeasuring 3 acres 39 guntas situate at Honnakalasapura village, Anekal Taluk was purchased by one Smt Marakka, grandmother of the appellants by a registered sale deed of October 11, 1939 and mutation was carried out in her name in the year 1939-40. Thereafter, the proceedings/suits were instituted by the respondents assailing the said transaction of October 11, 1939.

Case Title: Sri Shrikanth NS & Ors. v. K. Munivenkatappa & Anr.