IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.44650 OF 2018 (GM-CPC) & WRIT PETITION NO.47717 OF 2018 (GM-CPC) BETWEEN:
SRI R.BABU REDDY, S/O. SRI. K.M.RAMAIAH REDDY, AGED ABOUT 63 YEARS, RESIDING AT NO. 73, 8TH BLOCK, KORAMANGALA, BENGALURU – 560 095.
(BY SRI. V.B.SHIVAKUMAR, ADVOCATE) AND:
SRI K.M.RAMAIAH REDDY S/O. LATE. MUNIYAPPA, SINCE DEAD THE PETITIONER IS THE LEGAL REPRESENTATIVE, 1. SMT. JAYAMMA, W/O. LATE. H. RAMAIAH REDDY, AGED ABOUT 80 YEARS, 2 . SMT. RANI REDDY W/O. SRI. RAVIKUMAR, AGED ABOUT 55 YEARS, 3 . SMT. SHAMALA RAJAGOPAL, W/O. SRI. RAJAGOPAL, AGED ABOUT 53 YEARS, RESPONDENTS 1, 2 AND 3 ARE RESIDING AT NO. 277/3, 9TH-A-MAIN, 2ND BLOCK, JAYANAGAR, BENGLAURLU – 560 011.
... PETITIONER 4 . SRI. H R RAJASHEKAR S/O. LATE H. RAMAIAH REDDY, AGED ABOUT 60 YEARS, NO. 310, 6TH MAIN, HAL II STAGE, BENGLAURU – 560 038.
5 . SMT. KANTHAMMA W/O. SRI. N CHANDRASHEKHAR, AGED ABOUT 57 YEARS, NO. 53, 1ST FLOOR, BASAPPA ROAD, SHANTHINAGAR, BENGALURU – 560 027.
6 . SMT. LAKSHMI RAVI W/O. SRI. VENKATASWAMY, AGED ABOUT 63 YEARS, NO. 498, I FLOOR, 3RD A-MAIN, 16TH CROSS, HSR LAYOUT, 6TH SECTOR, BENGALURU – 560 034.
(BY SRI. NITIN PRASAD, ADVOCATE FOR SIR SURYANARAYANA.T FOR C/R4) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DTD: 12.6.2018 ON IA NO.26 AND ORDER DTD: 14.9.2018 ON IA NO.28 IN O.S.NO.2383/2008 ON THE FILE OF THE 14TH ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (ANNEXURE-A AND B RESPECTIVELY) AS BEING ARBITRARY AND UNSUSTAINABLE IN LAW AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in a declaration suit in O.S.No.2383/2008 is invoking the writ jurisdiction of this Court for assailing the order dated 14.09.2018 whereby his request for production of additional documents is disallowed and his further request for reviewing the said order is also rejected. The copies of the impugned orders are at Annexures A & B respectively.
2. The respondents being the family members were served with the copy of the writ petitions through their counsel in the Court below; the contesting respondent being the caveator is represented by the counsel who opposes these writ petitions. Both the learned counsels having argued the matter vociferously for sometime, are now graciously in agreement with the suggestion of this Court that the request of the petitioner for production of the said documents be favoured subject to petitioner paying a cost of Rs.5,000/- to the fourth respondent within a period of one month, failing which, the writ petition shall be treated as having been dismissed. Ordered accordingly and writ petitions are disposed off quashing the impugned orders.
All contentions of the parties are kept open.
Sd/- JUDGE DS