IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.49427 OF 2019 (GM-CPC) BETWEEN:
SMT.H.K.VIJAYA LALITHA W/O.B.KRISHNAPPA AGED ABOUT 47 YEARS R/AT NO.39, 5TH CROSS LAKSHMI NARAYANA PURAM SRI RAMAPURAM POST BENGALURU-560 021 ... PETITIONER (BY SRI D.R.SUNDARESHA, ADVOCATE) AND:
1. SMT.GEETHAVANI W/O.MALLIKARJUNA CHETTY AGED ABOUT 61 YEARS 2. SRI M.RAGHAVENDRA S/O.MALLIKARJUNA CHETTY AGED ABOUT 38 YEARS BOTH ARE RESIDING AT NO.5, 4TH MAIN ROAD SRI RAMAPURA NAGAPPA BLOCK BENGALURU-560 021 ... RESPONDENTS (BY SRI S.B.KRISHNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.09.2019 (ANNEXURE-F) PASSED BY THE COURT OF IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU ON THE APPLICATION IN OS.NO.4265/2013 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner being the defendant in a suit for specific performance in O.S.No.4265/2013, is invoking the writ jurisdiction of this Court for assailing the order dated 05.09.2019, a copy whereof is at Annexure – F whereby the Court below has summoned the original file from the Magistrate Court for the purpose of ascertaining authenticity of the signatures of some documents in the suit. After service of notice, the respondent/plaintiffs having entered appearance through their counsel, resist the writ petition.
2. Both the learned counsel for the parties having argued the matter vociferously for sometime are broadly in agreement with the suggestion of this Court that this matter can be disposed off with a direction to the learned trial Judge to refer the subject documents namely, agreements to sell dated 25.11.2012 & 30.11.2012 along with documents containing undisputed signatures and also FIR/Police Ex.P67 papers for forensic examination.
3. The Court below shall stall the suit proceedings till the report of the forensic experts is obtained. Both the parties shall share the costs of examination equally, as may be determined by the learned trial Judge.
Accordingly, impugned order having been set aside the writ petition is disposed off.
No costs.
Sd/- JUDGE KTY