NAFEESATH K K. Vs. B JAYARAMA SHETTY

JUDGEMENT

(1.) The petitioner being the 8th defendant in an injunctive suit in O.S.No.420/2009 is invoking the writ jurisdiction of this Court for assailing the order dated 18.02.2017, a copy whereof is at Annexure-G, whereby the learned II Additional Civil Judge, Mangalore, D.K. having rejected his application in I.A.No.11 filed under Sections 33 & 34 of the Karnataka Stamp Act, 1957, has refused to impound the subject instrument dated 08.10.1994 allegedly despite for want of proper duty.

(2.) After service of notice respondent No.1-plaintiff having entered appearance through his counsel resists the writ petition; and other respondents despite service of notice have chosen to remain unrepresented.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is of a considered opinion that the impugned order is unassailable for the following reasons: