IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.10656 OF 2019 (GM-CPC) BETWEEN:
SRI.B.GOPAL, S/O LATE DODDABYANNA @ BYANNA, AGED ABOUT 70 YEARS, (SENIOR CITIZEN NOT CLAIMED) R/AT NO.73/2B, GROUND FLOOR, THIMMAPPA REDDY LAYOUT, OPPOSITE TO CHOWDESHWARI TEMPLE, B.G.ROAD, BENGALURU - 560 076. ... PETITIONER (BY SRI.B.R.SRINIVASA GOWDA, ADVOCATE) AND:
1. SRI.H.B.VENUGOPAL, S/O LATE DODDA BYANNA, AGED ABOUT 72 YEARS, R/AT NO.19/5, 3RD MAIN ROAD, HOSAHALLI VILLAGE, VIJAYANAGAR, BENGALURU - 560 040.
2. SMT.SHAKUNTHALA, W/O H.B.VENUGOPAL, AGED ABOUT 27 YEARS, SINCE DECEASED & REPRESENTED BY HER LEGAL REPRESENTATIVES DEFENDANT NOS.1, 3 & 6, R/AT NO.19/5, 3RD MAIN ROAD, HOSAHALLI VILLAGE, VIJAYANAGAR, BENGALURU - 560 040.
(RESPONDENTS NO.1 & 2 ARE NO MORE & THEIR LRS ARE ON RECORD AS RESPONDENTS NO.3 & 6) 3. SMT.ASHA RANI, D/O H.B.VENUGOPAL, AGED ABOUT 38 YEARS, R/AT NO.13, 2ND CROSS, HOSAHALLI VILLAGE, VIJAYANAGAR, BENGALURU - 560 040.
4. SRI.K.GOPALSWAMY, S/O KRISHNAMURTHY, AGED ABOUT 52 YEARS, R/AT NO.27, 6TH CROSS, HOSAHALLI VILLAGE, VIJAYANAGAR, BENGALURU - 560 040.
5. SMT.PARVATHAMMA, W/O LATE NANJUNDAPPA, AGED ABOUT 59 YEARS, R/AT NO.27, 6TH CROSS, HOSAHALLI VILLAGE, VIJAYANAGAR, BENGALURU - 560 040.
6. SMT.H.V.LEELAVATHI, D/O H.B.VENUGOPAL, AGED ABOUT 37 YEARS, R/AT NO.5, ARIKERI VILLAGE, VIJAYA LAYOUT, 1ST MAIN ROAD, 1ST CROSS, BANNERGHATTA ROAD, BENGALURU - 560 076. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED XIX ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU IN O.S.NO.1838/2015 ON I.A.NO.6, DATED: 11.02.2019 VIDE ANNEXURE-G AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in a partition suit in O.S.No.1838/2015, is invoking the writ jurisdiction of this court for assailing the order dated 11.02.2019 a copy whereof is at Annexure-G whereby the learned XIX Addl. City Civil Judge, Bangalore, has rejected his application in I.A.No.6 filed under Section 45 of the Indian Evidence Act, 1872 for referring the subject General Power of Attorney for forensic examination.
2. Having heard the learned counsel for the petitioner and having perused the Petition papers, this matter dose not merit indulgence at the hands of writ court inasmuch as the authenticity of the subject document is not only not in question but has been admitted.
Accordingly, the Writ Petition is rejected, in limine.
Sd/- JUDGE cbc