BASAPPA ISHWARAPPA BILEBHAVI Vs. MAHANTESH

JUDGEMENT

(1.) Letter dated 5-1-2013 is from learned Senior Civil Judge, Muddebihal seeking for extension of time for the disposal of the suit in O.S. No. 13 of 2011 pending on its file, which had earlier been ordered to be disposed of expeditiously as per the order dated 9-7-2012 passed by this Court in W.P. No. 81629 of 2012. This Court having stayed the further proceedings in the original suit as per the interim order passed in W.P. No. 100015 of 2013, that has come in the way of disposal of the suit.

(2.) Writ Petition No. 100015 of 2013 is also linked to Writ Petition No. 81629 of 2012, which is placed below.

(3.) Writ Petition No. 100015 of 2013 is directed against the order dated 4-12-2012 passed by the learned Trial Judge in the very suit rejecting LA. No. 17 filed under Order 26, Rule 10-A of Code of Civil Procedure, 1908, seeking for sending an admitted signature of the defendant for comparison and opinion with the signature found on the agreement for conveying property by the defendant in favour of the plaintiff in the suit being one for specific performance of this agreement and that the defendant having died, this step is very necessary for the plaintiff to prove the case, but the application being opposed by the defendant, learned Trial Judge dismissed the application,