Karnataka High Court
Veerendra S V vs R P Ravi Shankar on 25 March, 2010
Author: B.S.Patil
Bench: B.S.Patil
WP 9698/2010 IN THE HIGH COURT OF KARNATAKA AT DATED THIS THE 25TH DAY or MARCH, _2o_': 2 H BEFORE THE I-ION'BLE MR.JI3s'1iCI~:-«s.p_s7..1;>A§;§1j§l w.1=.No.969s/V2016'«£e§i;4}e1=c)"' - . «. " BETWEEN: Sri Veerendra.S.V., S/0 Lat Yalleshappa, Aged about 64 years, No.320/A, 12"' Cross, Marijunatha Nagar. £1 Stage; ' 15' Phase, 40"" feet}jr<3ad.,'--.p i West of Chord' RD__ad..- Bangalore » (By Sri V AND: Sri R.P.RaVi ish.g'n1:a:.», A S/0 R§,K.P.Gupta,'- " «..Agedr._abc;;it years," """ " 'V R/at No. 15?, Savmpige Road, Ma11eshw--ar'arii,..e_ " Eazigaiore. (I03. . . . PETITIONER .. . RESPONDENT petition is filed under Articles 226 8: 227 of the vConstitu'tion of India praying to quash the order dated 23.11.09 = _ e~.ipasse'd by the learned Prl. City Civil & Sessions Judge, «. Barzgaiore District, Bangalore, in O.S.No.713/04 on I.A.No.8 produced as Ann--G. This petition coming on for Preliminary Hearing, this day, i' V the Court made the following: WP 9698/ZOEO ORDER
1. Challenge in this writ petition is to the order_4l_ldated 23.11.2009 by which the court below has rejecteél1:mlA'l ifiledn by the petitioner who is the defendant in the' No.8 was filed under Order VIII l2ule_"e1£7l[9}r.._ofllCl5Clfseel§ing ll permission to produce a paper pub_licatio1'1itin.o_'_Sarijevanil's. Kannada Newspaper dated 17.19ll.l29O9Vnin ofgthe case of the defendant.
2. The suit _ i.stfi.1ed herein for specific perforrnanced-01" dated 19.05.1995 wrongly stated in 'rthe..Vl_lw3:it-- petition as 31.05.1995. After cornpletiorpofijaplplication IA No.8 was filed along with two other applications to reopen the evidence. While the has allowed the applications 1A Nos.6 8: 7 for AreopeniiigflV'1e'~_--=defendant's evidence and also granting permission adduce further evidence, the present application gNo...E:3v...:filed seeking permission to produce newspaper A g:.lpub].iclation is rejected holding that no case is made out for _g1f_ant of such permission nor was the document relevant for the purpose of deciding the lis or the issue raised. Bf, VVP 9698/2010
3. The court below has opined that the issue before the Court is as to whether there was an agreement of vsé,_1e'sdated
1. .mm, h ' f d t sagas-t sc?h%3u]1e prdfaeggzfln IE 6 1103? e§d'(ij3£.1tntpE111 redase ¢1«ncxys7;;s;;ldr pubiication had no relevance. I do not find any iiliegaiityvbr emf' of jurisdiction in the order of the ccrurt~-below seated w:a,.rr'a.nt' j ' interference in exercise of the writ jurmdiction-.. Henee;'i'::Vti1e petition is dismissed. 2 V *_=-§df"
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