IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 32785 OF 2015 (GM-CPC) BETWEEN:
B C PRASANNAKUMAR AGED ABOUT 37 YEARS, S/O B.CHANNAPPA RESIDING AT BHEEMASANDRA VILLAGE, HANDINAKERE HOBLI, CHIKKANAYAKANAHALLY TALUK, TUMKUR DISTRICT-572214.
… PETITIONER (BY SRI. K S RAMASWAMY IYENGAR, ADVOCATE) AND:
B G SHIVASWAMY AGED ABOUT 37 YEARS, S/O GANGAIAH, RESIDING AT BHEEMASANDRA VILLAGE HANDINAKERE HOBLI, CHIKKANAYAKANAHALLY TALUK, TUMKUR DISTRICT-572214 … RESPONDENT (BY SRI. M VINAYAKEERTHY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23.7.2015, VIDE ANNEX-A PASSED ON I.A.NO.IV IN O.S.NO.134/2013 ON THE FILE OF THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC AT CHIKKANAYAKANAHALLY, TUMKUR DISTRICT AND CONSEQUENTLY, ALLOW I.A.NO.IV FILED BY THE PETITIONER/PLAINTIFF AS PRAYED FOR.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner being the plaintiff in O.S.No.134/2013 is invoking the writ jurisdiction of this Court for assailing the order dated 23.07.2015 made by learned Additional Civil Judge, Chikkanayakanahalli whereby, his application in IA No.4 filed under Order XXVI Rule 10A read with Section 151 of CPC, 1908 seeking forensic examination of subject documents has been rejected.
2. The suit in question having been disposed off vide judgment & decree dated 12.04.2019, this writ petition does not survive for consideration and accordingly, it is disposed off reserving liberty to the petitioner to make the impugned order a ground for challenging the Judgment & Decree, if at all he wants to, as provided under section 105 r/w Order LXIII Rule 1A of CPC, 1908.
No costs.
Sd/- JUDGE Bsv