MARIMUTHU Vs. SWAPNA

JUDGEMENT

(1.) This petition by the legal representatives of the deceased plaintiff in O.S.No.4109/2008 on the file of the XXXVII Additional City Civil and Sessions Judge, Bengaluru (for short, 'the trial Court') is directed against the impugned order dtd. 30/1/2023 and the subsequent impugned order dtd. 29/5/2023 passed by the trial Court.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) The material on record discloses that the original plaintiff instituted the aforesaid suit against the respondent-defendant for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property. In the said suit which is being contested by the respondent-defendant, the alleged General Power of Attorney dtd. 4/4/1997 was sought to be marked during the course of the evidence of the defendant (DW.1), which was opposed by the petitioners on the ground that the same was not engrossed on sufficient stamp paper. The objection raised by the petitioners was considered by the trial Court which proceeded to pass the impugned order refusing to impound the said document. Aggrieved by the impugned order, the petitioners filed review application (I.A.No.1/2023) under Sec. 114 read with Sec. 151 of the Code of Civil Procedure, 1908 and the same having been rejected by the trial Court by passing the impugned order, the petitioners are before this Court by way of the present petition.