IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50202 OF 2019 (GM-CPC) BETWEEN:
MR. M.J. SHIVASHANKAR REDDY AGED ABOUT 49 YEARS S/O. LATE JAYARAM REDDY NO.220/3, HANUMAPPA ROAD THIPPASANDRA POST BANGALORE – 560 075 ... PETITIONER (BY SRI M.A. SABASTIAN, ADVOCATE) AND:
1. SMT. RAMARATHNAMMA @ PUTTAMMA AGED ABOUT 64 YEARS D/O. MUNIYAPPA GARUDACHARPALAYA MAHADEVAPURA BANGALORE – 560 025 2. SMT. SAVITHRAMMA AGED ABOUT 54 YEARS D/O. MUNIYAPPA NO.27, 17TH CROSS 10TH MAIN, PADARAYANAPURA BANGALORE – 560 026 3. SMT. PARVATHI AGED ABOUT 48 YEARS D/O. MUNIYAPPA NO.77, 11TH CROSS SARASWATHIPURA ULSOOR, BANGALORE – 560 093 4. SRI. MUNISWAMY AGED ABOUT 56 YEARS S/O. MUNIYAPPA KAGGADASAPURA C.V. RAMAN NAGAR BANGALORE – 560 093 5. SRI. MANJUNATHA AGED ABOUT 46 YEARS S/O. MUNIYAPPA MALLESHPALAYA BEML MAIN ROAD MARUTHINAGARA BANGALORE – 560 023 6. SMT. VENKATAMMA AGED ABOUT 84 YEARS W/O. MUNIYAPPA MALLESHPALAYA BANGALORE – 560 021 7. SMT. SHARADAMMA AGED ABOUT 62 YEARS NO.170, SUBBARAMASHETTY ROAD NETTAKALLAPPA CIRCLE BANGALORE – 560 020 8. SMT. PRAMILA AGED ABOUT 59 YEARS D/O. MUNIYAPPA GANGUREKALUVE POST DIBBUR HOBLI, CHIKKABALLAPURA TALUK KOLAR DISTRICT – 560 001 9. SMT. ANASUYA AGED ABOUT 52 YEARS CHIKKABANAHALLI WHITEFIELD ROAD BANGALORE – 560 093 10. SRI DAMODHAR AGED ABOUT 59 YEARS S/O. SIDDAPPA C.V. RAMAN NAGAR KAGGADASAPURA BANGALORE – 560 093 11. SRI. BHOMARAM SUTHAR AGED ABOUT 44 YEARS S/O. ROOP RAM SUTHAR LAKSHYA SAI NISARGA MALLESHPALAYA MAIN ROAD MARUTHINAGAR BANGALORE – 560 075.
12. HEMAVATHI @ PRABHAVATHI W/O. BOGEGOWDA D/O. LATE MINIYAPPA AGED ABOUT 46 YEARS R/AT. RAMPURA VILLAGE AND POST CHIKKAMAGALORE DISTRICT ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.09.2019 (ANNEXURE-A) PASSED BY THE COURT OF THE XLIV ADDITIONAL CITY CIVIL JUDGE, BENGALURU IN OS.NO.658/2005 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner being the defendant in a partition suit in O.S.No.658/2005, is invoking the writ jurisdiction of this Court for assailing the Order dated 25.09.2019, a copy whereof is at Annexure – A whereby the learned XLIV Additional City Civil Judge, Bangalore, has refused to admit the subject documents to evidence inter alia on the ground that the same is being compulsorily registerable, is not so registered.
2. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as the petitioner has deferred remedy in the sense that he can make the impugned order a ground for challenging the judgment and decree if and when made adverse to his interest, as provided under Section 105 read with Order 43 Rule 1A of CPC, 1908.
In the above circumstances, this writ petition is disposed off, with the above observations.
Sd/- JUDGE KTY