IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 23121 OF 2017 (GM-CPC) BETWEEN:
H S VARDARAJ, S/O H.SITARAMAN, AGED ABOUT 42 YEARS, R/AT 2ND BLOCK, DHARMASHALA ROAD, BEHIND UTTARADIMAT, CHITRADURGA – 577 501.
… PETITIONER (BY SRI. GIRIDHAR S V, ADVOCATE) AND:
Y P BHARTHRAJ, S/O Y.S.PREMKUMAR, AGED ABOUT 33 YEARS, R/AT NEAR PATHNJALI HOSPITAL, 2ND BLOCK, CHITRADURGA – 577 501.
… RESPONDENT (BY SRI. B THYAGAGARAJA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO. 21/2015 ON THE FILE OF PRINICIPAL SENIOR CIVIL JUDGE, CHITRADURGA, CULMINATING IN THE ORDER IMPUGNED AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the defendant in a specific performance suit in O.S.No.21/2015, is invoking the writ jurisdiction of this Court for assailing the order dated 07.04.2017, a copy whereof is at Annexure-E whereby the learned Senior Civil Judge, Chitradurga, having favoured respondent’s application in IA No.9 has permitted him to produce copies of subject documents on payment of cost of Rs.300/-. After service of notice, respondent having entered appearance through his counsel opposes the writ petition.
Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter since the petitioner has got a deferred remedy in the sense that he can make the impugned order one of the grounds in terms of Section 105 R/W Order XLIII Rule 1A of CPC, 1908.
Petition is disposed off accordingly, all contentions of the parties having been kept open.
No costs.
Sd/- JUDGE Bsv