IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.11798 OF 2019 (GM-CPC) BETWEEN:
1 . SRI. H.S.DINESH BABU, AGED ABOUT 52 YEARS, S/O LATE S SHIVARUDRASWAMY, 2 . SMT. RUDRAMBHA, AGED ABOUT 70 YEARS, W/O LATE S SHIVARUDRASWAMY BOTH ARE RESIDING AT NO.7/2301, 3RD CROSS, KUNNEGOWDA ROAD, BASAVESHWARANAGAR, KOLLEGAL TOWN, CHAMARAJANAGARA DIST. ... PETITIONERS (BY SRI. S.B.MUKKANNAPPA, ADVOCATE) AND:
SMT. B.MEENAKSHI, AGED ABOUT 52 YEARS, W/O LATE J.RAJENDRASWAMY, RESIDING AT NO.7A/122, 4TH CROSS, VASAVI ROAD, BASAVESHWARANAGAR, KOLLEGAL TOWN, CHAMARAJANAGAR DISTRICT-547 302. ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUNGED ORDER DTD: 11.02.2019 PASSED BY THE SENIOR CIVIL JUDGE & JMFC AT KOLLEGAL, ON I.A.NO.16/18 IN O.S.NO.23/15 VIDE ANNEXURE-E TO THE W.P. AND CONSEQUENTLY ALLOW I.A.NO.16/18 FILED BY THE P-1; AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the defendants in a money suit in O.S.No.23/2015 are invoking the writ jurisdiction of this Court for assailing the order dated 11.02.2019, a copy whereof is at Annexure-E, whereby the learned Senior Civil Judge, Kollegala, having rejected his application in I.A.No.16 filed under Order XXVI Rule 10(A) of CPC, 1908, has refused to subject documents for forensic examination.
2. Having heard the learned counsel for the petitioners and having perused the petition papers, the impugned order cannot be faltered inasmuch as, going by the pleadings namely para 15 of the Written Statement, a copy whereof is at Annexure-B and the Objections to the petitioners’ subject application, there is no dispute as to the authenticity of the said document as rightly observed by the Court below. The petitioner can take advantage of this view of the Court below which is now concurred by this Court as well.
In the above circumstances, writ petition is disposed off; all other contentions of the parties having been kept open.
Sd/- JUDGE DS