LALITHAMMA Vs. T.R. RAMAKRISHNA

JUDGEMENT

(1.) RESPONDENT is the plaintiff in SC No. 1075 of 2014, which suit has been filed for evicting the petitioner/defendant from the premises No. 18, 4th 'B' Cross, Kathriguppe, Vivekanandanagar, Opposite KEB, 3rd Stage, Banashankari, Bangalore, morefully described in the plaint at Annexure -D.

(2.) ON service of suit summons defendant has appeared and has filed the written statement by denying the averments made in the plaint and has specifically contended that there is no relationship of landlord and tenant. Parties have tendered evidence and during the course of evidence defendant sought for production of purported agreement of sale dated 7 -8 -1995 said to have been executed by the mother of plaintiff in favour of defendant and same was sought to be introduced in evidence. At that juncture, Trial Court impounded the said document. Subsequently, a memo came to be filed by defendant on 14 -9 -2015 with a prayer to return the said agreement for being produced before the jurisdictional District Registrar for payment of duty and penalty as per memo dated 14 -9 -2015. Trial Court by order of even date accepted the memo and ordered for return of original agreement. Subsequently, plaintiff objected for return of said document by filing objections contending inter alia that order passed on 28 -7 -2015 directing the registry of Trial Court to calculate the stamp duty and penalty on the alleged agreement dated 7 -9 -1995 cannot be recalled particularly when registry has calculated the duty and penalty at Rs. 4,22,675/ - and when the matter was posted for hearing on said calculation made by the registry, defendant instead of submitting the arguments on such calculation filed a memo requesting the Court to return the alleged agreement dated 7 -8 -1995, which has been allowed by the Trial Court without granting an opportunity to plaintiff to address the arguments. Thereafter, Trial Court after considering the rival contentions by order dated 2 -12 -2015 Annexure -G rejected the memo filed by defendant by recalling the order dated 4 -9 -2015 and directed payment of duty and penalty by defendant on the agreement dated 7 -8 -1995.

(3.) SEEKING recall of this order namely order dated 2 -12 -2015, Annexure -G an interlocutory application - I.A. No. 11 - Annexure -B came to be filed by defendant under Section 151 of Civil Procedure Code, 1908. This application was opposed by plaintiff by filing objections as pier Annexure -C. Trial Court after considering rival contentions and taking note of the judgment of Division Bench in the case of Digambar Warty and Others v. District Registrar, Bangalore Urban District, Bangalore and Another, ILR 2013 Kar. 2099, rejected the said application with costs on the ground that defendant is attempting to drag on the proceedings. Said order dated 25 -2 -2015 - Annexure -A is impugned in the present writ petition.