IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.8626/2019(GM-CPC) BETWEEN:
SRI B. S. SRIDHARA, S/O SRINIVAS REDDY, AGED ABOUT 26 YEARS, R/AT HANUMENAHALLI VILLAGE, NAGARAGERE HOBLI, GOWRIBIDANUR TALUK, CHICKBALLAPUR DISTRICT-561 208 ... PETITIONER (BY SRI RAJESH GOWDA, ADVOCATE) AND:l SMT. LAKSHMIDEVAMMA, W/O C.A.NAASIMHA REDDY, AGED ABOUT 40 YEARS, R/AT HIREBIDANUR,NEAR SAW MILL, INDUSTRIAL AREA, CHOWDESWARI KALYAN MANTAPA, GOWRIBIDANUR TOWN-561208 AND ALSO WORKING AS A TEACHER IN MEDINA URBARAHALLI MIDDLE SCHOOL, KASABA HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DIST-561 208.
…… ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.01.2019, PASSED BY CIVIL JUDGE AT GUDIBANDE, IN OS No.131/2011, PASSED ON IA-12, UNDER ORDER 26 RULE 10 (A) R/W SECTION 151 OF CPC FOR APPOINTMENT OF SCIENTIFIC EXPERT, VIDE ANNEXURE-A, AND CONSEQUENTLY SET ASIDE THE ORDER DATED 19.01.2019, PASSED BY CIVIL JUDGE AT GUDIBANDE, IN OS NO. 131/2011, ON IA-12, BY ALLOWING THE ABOVE PETITION, BY ORDERING AN APPOINTMENT OF SCIENTIFIC EXPERT TO COMPARE THE DISPUTED FOUND IN EX.P1 SALE AGREEMENT COMPARED WITH VAKALATH AND WRITTEN STATEMENT OF DEFENDANT.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Rajesh Gowda, learned counsel for the petitioner fairly submits that, after completion of arguments on both side, now the matter is posted for judgment on 22.03.2019.
2. The submission is placed on record.
3. In view of the dictum of the Hon’ble Supreme Court in the case of Rabiya Bi Kassim M vs. The Country Wide Consumer Financial Service Limited reported in ILR 2004 KAR 2215, once the matter is posted for judgment, nothing is required to be done by the Court, except pronouncement of judgment. Hence, this Court cannot interfere.
4. Accordingly, writ petition is dismissed. It is needless to observe that in case any decree is to be passed, it is open for the petitioner to raise any such contention before the Appellate Court in accordance with law.
Sd/- JUDGE kcm