SUSHEELA Vs. SRI G. RAMAKRISHNA

JUDGEMENT

(1.) PETITIONER , who is defendant in O.S. No. 7089/2005 on the file of City Civil Judge at Bangalore City, is before this Court praying for quashing the order dated 28.5.2013 passed on I.A. -XXVII filed in the above -said Suit at Annexure -K. Learned Counsel for the petitioner submits that the petitioner has been in possession of the suit schedule property on the basis of agreement of sale dated 29.7.1985 entered between original owner -Smt. Muniyamma w/o Narayanappa and the present petitioner. According to the petitioner, the signature to the sale deed at Ex. P21 is not the signature of Muniyamma w/o Narayanappa and therefore an application was filed under Order XXVI Rule 10A of CPC before the trial Court, praying the trial Court to refer the document viz., Ex. P21 for expert's opinion, but the trial Court erred in rejecting the same. He also submits that the petitioner has traced some documents and he would produce the documents in the Suit and he does not press the Writ Petition and application viz., I.A. -XXVII filed under Order XXVI Rule 10A of CPC may be rejected as not pressed. He seeks permission to file such an application, if necessary, at the appropriate stage.

(2.) LEARNED Counsel for the respondent submits that liberty shall not be given to the petitioner to file application under Order XXVI Rule 10A of CPC and there is no illegality or infirmity in the impugned order. Petitioner has not examined any other witness to prove the alleged agreement of sale entered between him (the petitioner) and the original owner -Muniyamma and the subsequent agreement of sale deed 15.12.1998 said to be executed by the son of late Muniyamma in favour of Lakshmi Devi (who is the sister of the present petitioner). Under such circumstances, the petitioner filing an application under Order XXVI Rule 10A of CPC to refer the documents for expert's opinion was not correct. Since the petitioner does not press I.A. -XXVII filed under Order XXVI Rule 10A of CPC, Writ Petition is disposed off, with liberty to the petitioner to seek for such a relief, if necessary, at the appropriate stage.