IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION No.36050/2017 (GM-CPC) BETWEEN:
SMT. RUDRAMMA W/O THIMMEGOWDA AGED ABOUT 55 YEARS R/AT AREKALLU HOSAHALLI VILLAGE HALEKOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT – 576 101 ... PETITIONER (BY SRI VIGNESHWAR S.SHASTRI, ADVOCATE) AND:
SRI S.SUDHAKAR S/O D.SUBBEGOWDA AGED ABOUT 47 YEARS R/AT RAJAGHATTA MAIN ROAD GARDEN HOUSE EXTENSION HASSAN, HASSAN DISTRICT-576 101 ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.07.2017 PASSED ON I.A.NO.6 IN O.S.NO.202/2015 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC AT HOLENARASIPURA AS PER ANNEXURE-H.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
1. Heard. This writ petition by the defendant is directed against an interlocutory order dated 26.07.2017 whereby the trial court has dismissed her application-I.A.No.6 filed in the suit in O.S.No.202/2015 on the ground that it had become infructuous.
2. The grievance of the petitioner/defendant in the aforesaid application was that a document produced by the respondent/plaintiff did not bear the proper stamp duty. The trial court has observed that proper stamp duty and penalty thereon was subsequently paid, and therefore, the application-I.A.No.6 became infructuous.
3. I find no error in the impugned order to warrant interference. The writ petition is accordingly dismissed. However, this order will not come in the way of the petitioner/defendant to make any other appropriate application in the suit.
Petition dismissed.
hkh.
Sd/- JUDGE