IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.8434/2018 (GM-CPC) BETWEEN SRI N.C.MUKUNDA S/O SRI N.N.CHIKKANNA AGED ABOUT 39 YEARS R/AT NO.14, 5TH CROSS 6TH MAIN ROAD, VIJAYANAGAR S.V.G. NAGAR, NAGARAGHAVI ROAD BENGALURU – 560 072 ... PETITIONER (BY SRI NAGARAJA K.G. & SRI K.SHASHIDHARA & ASSOCIATES, ADVOCATES) AND 1. SRI N.C.MAHESH S/O CHIKKAMOGE GOWDA AGED ABOUT 45 YEARS R/AT NO.982 KENGERI DATELLITE TOWN BENGALURU – 560 060 2. SRI B.M.PRAMOD S/O B.S.MAHADEV AGED ABOUT 26 YEARS R/AT NO.1078, 1ST STAGE VIJAYNAGAR, DEVARAJA MOHALLA MYSURU – 570 001 ... RESPONDENTS (BY SMT SUMANA NAGANAND, ADVOCATE FOR R1; SRI SRIRANGA, ADVOCATE FOR R2w) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.01.2018 IN O.S.NO.1209/2006 PASSED BY LEARNED IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU, ION I.A. UNDER SECTION 151 OF CPC (ANNEXURE-‘A’) AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner being the plaintiff in a specific performance suit in O.S.No.1209/2006 is invoking the writ jurisdiction of this Court for assailing the order dated 18.01.2018, a copy whereof is at Annexure-‘A’ whereby the learned IV Additional Senior Civil Judge and JMFC, Mysuru has rejected his application filed under Section 151 of Code of Civil Procedure seeking extension of period for making payment of Rs.3,500/- towards the charges for the forensic examination of subject document. After service of notice, respondents having entered appearance through their counsel resist the writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court grants indulgence in the matter because the amount payable is a partly sum of Rs.3,500/- which the petitioner ought to have deposited before the Court below for facilitating the forensic examination of subject document; prima facie it appears that the petitioner has been dragging on the suit proceedings; however, that itself will not be a sufficient ground for denying the reprieve to the petitioner and of course, subject to cost and condition.
3. In the above circumstances, this writ petition succeeds in part; the subject application having been favoured, petitioner is granted a period of two weeks to deposit a sum of Rs.3,500/- (Rupees Three Thousand Five Hundred only) with the Court below for facilitating forensic examination of the subject document and further he shall also pay a sum of Rs.10,000/- (Rupees Ten Thousand only) by way of cost to be apportioned between the respondents equally, on or before the next date of hearing or within one month, whichever is later, failing which, the order now quashed shall stand resurrected.
Since the suit is of the year 2006, the learned trial Judge is requested to dispose of the same within a period of four months.
Sd/- JUDGE KLV