IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.15148/2019 (GM-CPC) BETWEEN 1. SRI DEVARAJ, S/O DODDA VYKUNTEGOWDA, AGED ABOUT 60 YEARS, R/AT NO.82, PIPE LINE, NARASIMHASWAMY NILAYA, SRINAGAR EXTENSION, BANGALORE-560050.
2. RAJALAKSHMI, D/O DEVARAJ, AGED ABOUT 46 YEARS, 3. SRI MANJUNATH, S/O DEVARAJ, AGED ABOUT 44 YEARS, 4. KUMARI, D/O DEVARAJ, AGED ABOUT 40 YEARS, PETITIONERS 2 TO 4 ARE R/AT NO.19, MUNEESHWARA TEMPLE OPP., 2ND CROSS, KALIDASA LAYOUT, SRINAGAR, BANGALORE-560050.
... PETITIONERS (BY SRI NAIK N R, ADVOCATE) AND SRI NANJAPPA, S/O SRI NANJAPPA, SINCE DEAD BY HIS LRS, 1. SMT NARASAMMA, W/O LATE NANJAPPA, AGED ABOUT 67 YEARS, 2. SRI SURESH N, S/O LATE NANJAPPA, AGED ABOUT 43 YEARS, 3. SRI YOGESH N S/O LATE NANJAPPA, AGED ABOUT 38 YEARS, 4. SMT BHAGYA, D/O LATE NANJAPPA, AGED ABOUT 36 YEARS, ALL ARE RESIDING AT NO.193/1, DHOBIGHAT, GAVIPURAM NEXT, HANUMANTHNAGAR POST, BANGALORE-560050.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 READ WITH ARTICLE 14 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER ON IA NO.9 FILED IN O.S.NO.1201/2010 BY THE RESPONDENT ALLOWING THE APPLICATION 21.02.2019 PASSED BY XII ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU (CCH-27) VIDE ANNX-E AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The impugned order directing the forensic examination of the subject property cannot be interfered with, since it is a product of exercise of discretion by the court vide decision of Apex Court in the case of Trimbak Gangadhar Telanga Vs. Ramchandra Ganesh Bhide, AIR 1977 SC 1222; the second reason for non-interference is that the petitioners’ side has disputed the signature on the subject document and therefore, the court in its wisdom has directed the forensic examination of the subject document; thirdly it is not forthcoming as to how the petitioners are aggrieved by this order inasmuch as it is as yet not known what opinion the forensic expert would give.
In the above circumstances, no case is made out for indulgence.
Accordingly, the Writ Petition is rejected.
Sd/- JUDGE cbc