IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 22841 OF 2015 (GM-CPC) BETWEEN:
SRI LAKSHMANA S/O BHAJENTRI DASAPPA, AGED ABOUT 74 YEARS, SINCE LUNATIC REPRESENTED BY HIS NEXT FRIEND SRI G. GANESH, S/O GUNDAPPA, AGED ABOUT 52 YEARS, R/AT NO.2001, 3RD CROSS, SUBHASH NAGAR, MANDYA CITY, MANDYA.
(BY SRI. M R RAJAGOPAL, ADVOCATE) AND:
1. M. MANJU DEAD BY LRS A) GAJALAKSHMI W/O LATE M. MANJU AGED ABOUT 45 YEARS, B) KARTHIK S/O LATE M. MANJU AGED ABOUT 26 YEARS, C) KAVYA D/O LATE M. MANJU AGED ABOUT 24 YEARS, ALL ARE R/AT LIC 94, 1ST STAGE, KUVEMPUNAGAR MANDYA CITY - 570401 … PETITIONER … RESPONDENTS (BY SRI. H B CHANDRASHEKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY LEARNED ADDITIONAL CIVIL JUDGE [SENIOR DIVISION MANDYA] ON I.A.NO.8 IN O.S.NO.62/2000 DATED 9.4.2015 VIDE ANNEX-L AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER IN I.A.NO.8 AND DIRECT THE LEARNED ADDITIOANL CIVIL JUDGE SENIOR DIVISION MANDYA TO REFER THE DOCUMENTS STATED IN I.A.NO.8 TO THE CONCERNED DOCTOR FOR HIS OPINION AS SOUGHT FOR IN I.A.NO.8 VIDE ANNEX-J & J1.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the defendant in a suit for specific performance instituted by the respondent-plaintiff in O.S.No.62/2000, has filed this writ petition calling in question the order dated 09.04.2015, a copy whereof is at Annexure-L whereby, the learned Additional Senior Civil Judge, Mandya, has dismissed his application filed under Section 151 of CPC, 1908 for referring the entire medical documents and the deposition of the doctor for the opinion of Neurosurgeon attached to NIMHANS, Bengaluru, to ascertain the mental condition of allegedly lunatic defendant.
2. The suit having been disposed vide judgment and decree dated 09.10.2018 nothing survives for consideration in this writ petition. However, it is open to the petitioner to make the impugned order a ground for challenging the Judgment & Decree if at all he wants to, as provided under Section 105 read with Order XLIII Rule 1A of CPC, 1908.
Writ Petition stands disposed off accordingly. No costs.
Sd/- JUDGE Bsv