DEVARAJ Vs. HONOURABLE REGISTRAR CITY CIVIL COURT BENGALURU

JUDGEMENT

(1.) The petitioner has challenged the rejection of copy application dated 12.06.2020 filed by him in O.S No.7938/1996 disposed of on 21.12.2002 on the file of City Civil and Sessions Judge, Bengaluru.

(2.) The factual matrix of the case as averred by the petitioner in the writ petition are that, petitioner herein is the agreement holder in respect of immovable property executed by Smt. Rajamma (dead) wife of K.G. Muddaiah; K.M Prasad; and Smt. Lakshmamma. Petitioner avers that he paid entire sale consideration amount to the executants of the sale agreement dated 07.10.1996. In the meanwhile, one Smt. Indira has filed partition suit in O.S No.7938/1996 on the file of City Civil Judge, Bengaluru and sought for a share in the suit schedule property. In the said suit, petitioner herein was arraigned as defendant No.8. The said suit i.e. 7938/1996, came to be disposed of on 21.12.2002 by virtue of a compromise petition filed by the parties to the suit and accordingly, preliminary decree was passed on the basis of said compromise petition. It is to be noted that, suit against defendant No.8 (petitioner herein) was dismissed as not pressed by order dated 21.12.2002. Smt. Rajamma (defendant No.1) in the said suit died on 30.01.2003. It is also stated that, after passing of preliminary decree, the petitioner herein has filed O.S 6345/2005 against Sri K.M. Prasad and others for seeking relief of specific performance of agreement of sale dated 07.10.1996 and in the said suit, the petitioner herein made an application under Order XVI Rule 6 read with Section 151 of CPC and sought for production of entire records of O.S.7938/1996. The said application in IA. 52 in O.S 6345/2005 came to be dismissed on 08.06.2020. In the meanwhile, after preliminary decree was passed in O.S 7938/1996 vide order dated 21.12.2002, all the parties to the suit have filed stamp papers before trial Court for rendering final decree in respect of their respective shares. The petitioner would submit that one of them have filed stamp paper in the name of Smt. Rajamma who died on 30.01.2003. The said stamp paper appears to have been obtained on 04.02.2003. The final decree copy has remained in the file as on the date and accordingly, the petitioner has made an application in O.S 7938/1996 and sought for certain certified copies of the documents. The Civil Court had rejected the copy application on 12.06.2020 in respect of final decree passed in favour of said Smt. Rajamma in O.S 7938/1996. Being aggrieved by the rejection of the said copy application vide Annexure-J, petitioner has presented instant writ petition before this Court.

(3.) The respondent has entered appearance and filed statement of objections.