IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.32627 OF 2018 (GM-CPC) BETWEEN:
Sri R.N.Krishna Murthy S/o. R.S.Nagaraj Rao, Aged about 59 years, R/a No.41, Swami Vivekananda Road, 2nd Block, Tyagarajnagar, Next to Divya Tiffin and Bajji Centre, Bengaluru – 560 028 …Petitioner (By Sri R.Hemanth Raj, Advocate) AND 1. Sri Murali Mohan S/o C.Balu, Aged about 33 years, R/at No.169, 43rd Cross, 8th Block, Jaynagar, Bengaluru – 560 070 2. Sree Tyagaraja Co-operative Bank Ltd., Represented by its Manager, N.R.Colony Branch, Bengaluru – 560 019 3. The Police Inspector Basavanagudi Police Station Basavanagudi, Bangalore.
(By Sri Vijaykumar Prakash, Advocate for R1; Sri N. Ramachandra, Advocate for R2; Sri. G. Narasi Reddy, Advocate for R3) … Respondents This Writ Petition is filed under Article 227 of the Constitution of India praying to set aside the order dated 09.07.2018 passed by the Court of 17th Additional City Civil and Sessions Judge, Bengaluru in Execution No.1252/2016 on I.A.No.18 as produced vide Annexure-H wherein learned Trial Court Judge dismissed the application of the petitioner by allowing this writ petition.
This Writ Petition coming on for Orders this day, the court made the following:
ORDER Petitioner’s application in IA No.18 filed in Execution No. 1252/2016 for summoning of the subject document having been rejected by the impugned order dated 09.07.2018 made by the learned XVIIth Additional City Civil & Sessions Judge, Bengaluru, this writ petition was filed, aggrieved thereby.
2. Apparently, the application was rejected since the subject document was being examined in the Forensic Science Laboratory, Madivala, Bengaluru. Now that the said document that having been returned to the third respondent - Police Inspector, petitioner’s application is favoured after setting at naught, the impugned order. Trial Court to process the matter further, accordingly.
The learned Presiding Officer of the Executing Court shall dispose off the execution proceedings within an outer limit of seven months.
The writ petition stands disposed off. No costs.
KTY /Bsv Sd/- JUDGE