IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION Nos.26623-624 OF 2017 (GM-CPC) BETWEEN:
1. S.K. LAKHARAM S/O. KUNA RAM AGED ABOUT 62 YEARS 2. SMT. KUKKIDEVI W/O. S.K. LAKHARAM AGED ABOUT 57 YEARS BOTH ARE R/AT SIYATH VILLAGE TALUK-SOJATH CITY DISTRICT-PALI STATE-RAJASTHAN … PETITIONERS (BY SRI SURESH S. LOKRE, ADVOCATE) AND:
SMT. ASHABAI W/O. M. PADMARAJ AGED ABOUT 39 YEARS PROPRIETOR – M/S. NAKODA BHAIRAVA BANKERS NO.642, NEW MARKET ROAD MANDYA – 571 401 (REPRESENTED BY HER P.A. HOLDER M.PADMARAJ, S/O. MOTHILAL) … RESPONDENT (BY SRI V.B. SIDDARAMAIAH, ADVOCATE ) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 20.04.2017 PENDING ON THE FILE OF I-ADDITIONAL CIVIL JUDGE AND CJM AT MANDYA IN R.A.NO.18/2014 AT ANNEXURE – A HOLDING THAT IT IS NULLITY IN LAW.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER These matters having been heard for sometime, both the learned counsel standing tall at the Bar and fairly seek disposal of these writ petitions in terms of suggestion made by this Court as under:
a) The property that was sought to be attached in the Court below in terms of I.A.No.1/2019 filed under Order XXXVIII Rule 5 of Code of Civil Procedure, 1908 shall continue to be attached regardless of order of the Court below.
NOTE: This attachment order is made on the submission of the learned counsel for the petitioners that the said property continues to be his own property. To that extent, impugned order requiring furnishing of security stands dissolved.
b) It is open to the petitioners to urge the rejection of his requests for appointment of Court Commissioner for forensic examination of the subject documents, as a ground in the appeal regardless of any plea in the appeal memo having been taken or not;
Accordingly, these writ petitions are disposed off with the above observations.
Sd/- JUDGE KTY/KLV