Karnataka High CourtKendra Upadhyayara Sangha (R) vs Sri Marappa on 19 September, 2013Author: H.G.Ramesh -1- WP.No.29620/2013

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 19TH DAY OF SEPTEMBER 2013

BEFORE

THE HON'BLE MR.JUSTICE H.G.RAMESH

WRIT PETITION No.29620/2013 (GM-CPC)

BETWEEN:

KENDRA UPADHYAYARA SANGHA ®BANGALORE SOUTH TALUK, HAVING ITS OFFICE ATNO.24, 2ND FLOOR, SUBBANNA CHETTY ROADBASAVANGUDI, BANGALORE - 560 004REPRESENTED BY ITS SECRETARYSRI SIDDALINGACHAR ... PETITIONER

(BY SRI K.P. BHUVAN FOR SRI S. RAJU, ADVOCATES)

AND:

SRI MARAPPA, S/O. KADIRAPPAAGED ABOUT 73 YEARSR/AT NO.76, I.S.E.C. ROADNAGARABHAVI, BANGALORE - 560 072 ... RESPONDENT

WP IS FILED UNDER ARTICLES 226 & 227 OF THECONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNEDORDER DATED 15.4.2013 PASSED IN APPLICATION FILEDU/O 13 RULE 10 R/W SEC. 15 IN O.S.NO.1003/2004 BY THE CITYCIVIL JUDGE, BANGALORE (CCH-40) AS PER ANNEXURE-J ANDTHEREAFTER TO ALLOW THE APPLICATION FILED BY THEPETITIONER.

WP COMING ON FOR PRELIMINARY HEARING THIS DAY,THE COURT MADE THE FOLLOWING: -2- WP.No.29620/2013

Kendra Upadhyayara Sangha (R) vs Sri Marappa on 19 September, 2013

Indian Kanoon - http://indiankanoon.org/doc/114533878/ 1

ORDER

H.G.RAMESH, J. (Oral):

This writ petition is by the defendant and is directed against an interlocutory order dtd. 15.04.2013,rejecting the application filed by the petitioner under Order XIII Rule 10 of the Code of CivilProcedure. In the said application, the defendant sought for summoning of the record in thedisposed of suit in O.S. No.9009/2004 from the Court of the City Civil Judge (CCH-5), Bangalore.The trial Court has rejected the application on the ground that the petitioner can obtain certifiedcopies of the relevant documents from the said Court and can produce it in the present suit. I find nolegal infirmity in the impugned order to warrant interference under the extraordinary jurisdiction ofthis Court under Articles 226 & 227 of the Constitution of India. The writ petition is accordinglydismissed.

Petition dismissed.

Sd/-

JUDGE BNS

Kendra Upadhyayara Sangha (R) vs Sri Marappa on 19 September, 2013

Indian Kanoon - http://indiankanoon.org/doc/114533878/ 2