IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.42790 OF 2019 (GM-CPC) BETWEEN MRS. S. SHARADA, AGED ABOUT 54 YEARS, W/O SHIVALINGAIAH, RESIDING AT NO.10/A, JANANI NILAYA, 21TH CROSS, ARAVINDNAGAR, MYSURU-570 007. … PETITIONER (BY SRI. VICTOR MANOHARAN S, ADVOCATE) AND MR. R. DINESH, AGED ABOUT 37 YEARS, S/O LATE RAMAKRISHNEGOWDA, RESIDING AT NO.2382, NEW KANTHARAJA URS ROAD, MYSURU-570 010. … RESPONDENT (BY SRI. VIVEKANANDA T.P, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DTD 5.8.2019 ORDER PASSED ON I.A.NO.X DATED IN OS NO.417/2014 ON THE FILE OF THE IV ADDL. SENIOR CIVIL JUDGE AND JMFC AT MYSURU VIDE ANNX-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the defendant in a suit for specific performance suit in O.S.No.417/2014, is invoking the writ jurisdiction of this court for assailing the order dated 5.8.2019 made by the learned IV Addl. Sr. Civil Judge, Mysore, a copy whereof is at Annexure – A, whereby her application in I.A.No.1 filed under Order XXVI Rule 10(A) of CPC having been rejected, the request for referring the subject documents namely exhibits P.2 & P.3 for forensic examination by expert is denied. The respondent-plaintiff has entered caveat through his counsel and resists the Writ Petition.
2. Having heard the learned counsel for the parties and having perused the Petition Papers, the impugned order cannot be faltered inasmuch as the signature on the registered Agreement to Sell dated 18.04.2013 which is marked as exhibit P.5 is not in dispute, although the contention is that the signature on the said document has been obtained by coercion.
3. The contention that the documents at Exhibits P-2 & P-3 are also relevant for deciding the limitation period of the suit in question, is not sustainable inasmuch as the stage of the transaction comprised in the said Exhibits graduated to Agreement to Sell dated 18.04.2013, aforesaid which is already marked as exhibit P.5 and the signature thereon is accepted by the petitioner herein.
In the above circumstances, the Writ Petition being devoid of merits, is rejected.
No costs.
Sd/- JUDGE cbc