IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA Writ Petition No.37049 OF 2017 (GM-CPC) Between:
Sri Sanjeeva, S/o. Nagappa Poojary, Aged about 42 years, Denthadka House, Post: Padnuru Village, Puttur Taluk – 576 220. …Petitioner (By Sri Chandranath Ariga K., Advocate) And:
1. M/s. Margadarshi Chits (K) Pvt., Ltd., 1st Floor, Paradigam Plaza, A.B. Shetty Circle, Mangaluru – 575 001. Dakshina Kannada, Rep. by Manager.
2. Sri M.K. Lokesh Shanthi, S/o. Sri Dhoomappa Poojary, Aged about 45 years, Astrologer, Flat No.403, Sai Residency, Lady Hill – 575 007.
Chilimbi, Mangaluru.
3. Sri Ravichandra Gowda K., S/o. Sri Honnappa Gowda K., Aged about 46 years, Door No.572/1, Nikkila House, Post: Bannur – 574 203, Puttur Taluk, Dakshina Kannada.
4. Sri Chitharanja S. Bhandary, Aged about 42 years, S/o. Shyam Sundar Bhandary, Civil Contractor, No.3-25, Ganesh Nivas, Badagauli Padi, Ganjimutt – 570 123, Mangaluru Taluk, Dakshina Kannada. … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 21.06.2017 on I.A.No.7 in Ex.Case No.28/2013 on the file of the Civil Judge and JMFC, Mangaluru, D.K., (Annexure-G) etc.
This Petition coming on for Preliminary Hearing this day, the court made the following:
O R D E R After arguing the matter for sometime, Sri.Chandrakanth Ariga.K fairly submits that in pursuance of the order passed by the trial Court dated 21.06.2017 after receipt of report, liberty may be reserved to the petitioner to cross-examine the expert. If any adverse report is made against the petitioner, liberty may be reserved to the petitioner to file necessary application to summon the handwriting expert for evidence.
2. The said submission is placed on record.
3. It is needless to observe that if any adverse report is made by the handwriting expert, it is always open for both the parties to cross-examine the concerned expert in accordance with law.
With the above observation, the writ petition is disposed of.
SD/- JUDGE UN