Seena Deepak vs Sameer Ahmed

Type Court Judgment Court Karnataka Decided Feb 01, 2025

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Citation: sooperkanoon.com/1653649
Court: Karnataka High Court
Judge: H.T. Narendra Prasad
Decided On: Feb 01, 2025
Case Number: WP/2718/2025

Parties & Advocates

Appellant / Petitioner

Seena Deepak

Respondent

Sameer Ahmed

Excerpt

.....under article 227 of theconstitution of india, 1950 praying to direct the hon'ble lxvi addl. city civil and sessions judge (cch 67) to dispose of the i.a.no.13 at annexure-e filed by the r-1 herein before the hon'ble trial court underorder xiii rule 9 of the code of civil procedure, 1908seeking for return of original documents i.e., the inadequately stamped and unregistered lease agreement in o.s.no. 2651/2022 within two (2) weeks in accordance with law and in the interest of justice and equity. this petition, coming on for preliminary hearing, this day, order was made therein as under: coram: hon'ble mr justice h.t. narendra prasadoral orderin this writ petition, petitioner has sought for a direction to the lxvi additional city civil and sessions judge, bangalore, to dispose of i.a.13.2. in view of the prayer sought for, issuance of notice to the respondents is not necessary.3. heard the learned counsel for the petitioner. -3-4. respondent no.1, who is the plaintiff has filed asuit in o.s.no.2651/2022 for bare injunction. on 11.10.2023, he filed i.a.13 under order xiii rule 9 read with section 151 of cpc seeking return of original documents. petitioner - defendant no.1 filed his objection to the said application contending that the document which is sought to be returned, is not sufficiently stamped and is unregistered.5. it is submitted by the learned counsel forpetitioner that even after the defendant no.1 filed his objection on 05.12.2023, till today no order has been passed on i.a.13. hence, he seeks for a direction to the trial court to dispose of the application at the earliest.6. it is seen that i.a.13 has been filed on11.10.2023 and objections are filed on 05.12.2023. though the matter is posted for orders on i.a.13, till today no order has been passed. there is no impediment for the trial court to pass orders on the same. accordingly, without expressing any opinion on the merits of the case, -4- the lxvi additional city civil and.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2718 OF 2025 (GM-CPC) BETWEEN: SEENA DEEPAK, W/O DEEPAK KAMBIL, AGED ABOUT 51 YEARS, R/AT FLAT NO.3033, CASA PARADISO, SHOBA CITY, OPPOSITE SAMPEGEHALLI POLICE STATION, BENGALURU-560 077. …PETITIONER (BY SRI AKANKSH ASHOK, ADVOCATE) AND:
1. SAMEER AHMED, S/O ABDUL WAHEED, R/AT FLAT NO.A2 102,
Digitally signed by         SHRIRAM WHITE HOUSE APARTMENTS,
HEMALATHA A                 15TH CROSS, 6TH MAIN ROAD,
Location: HIGH              R.T. NAGAR, BANGALORE-560 032.
COURT OF KARNATAKA 2. SUNIL MORE SHIVAJAI RAO, DIRECTOR OF JABM ONESOURCE PVT. LTD., BENGALURU-560 100.
3. SHIVAKUMAR, MANAGER OF JABM ONESOURCE PVT. LTD., -2- BENGALURU -560 100. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, 1950 PRAYING TO DIRECT THE HON'BLE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH 67) TO DISPOSE OF THE I.A.NO.13 AT ANNEXURE-E FILED BY THE R-1 HEREIN BEFORE THE HON'BLE TRIAL COURT UNDER

ORDER XIII RULE 9 OF THE CODE OF CIVIL PROCEDURE, 1908

SEEKING FOR RETURN OF ORIGINAL DOCUMENTS i.e., THE INADEQUATELY STAMPED AND UNREGISTERED LEASE AGREEMENT IN O.S.NO. 2651/2022 WITHIN TWO (2) WEEKS IN ACCORDANCE WITH LAW AND IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

In this writ petition, petitioner has sought for a direction to the LXVI Additional City Civil and Sessions Judge, Bangalore, to dispose of I.A.13.

2. In view of the prayer sought for, issuance of notice to the respondents is not necessary.

3. Heard the learned counsel for the petitioner. -3-

4. Respondent No.1, who is the plaintiff has filed a

suit in O.S.No.2651/2022 for bare injunction. On 11.10.2023, he filed I.A.13 under Order XIII Rule 9 read with Section 151 of CPC seeking return of original documents. Petitioner - defendant No.1 filed his objection to the said application contending that the document which is sought to be returned, is not sufficiently stamped and is unregistered.

5. It is submitted by the learned counsel for

petitioner that even after the defendant No.1 filed his objection on 05.12.2023, till today no order has been passed on I.A.13. Hence, he seeks for a direction to the trial Court to dispose of the application at the earliest.

6. It is seen that I.A.13 has been filed on

11.10.2023 and objections are filed on 05.12.2023. Though the matter is posted for orders on I.A.13, till today no order has been passed. There is no impediment for the trial Court to pass orders on the same. Accordingly, without expressing any opinion on the merits of the case, -4- the LXVI Additional City Civil and Sessions Judge, Bangalore, is directed to pass orders on I.A.13 filed by plaintiff under Order XIII Rule 9 read with Section 151 of CPC as expeditiously as possible, but not later than two months from the date of receipt of certified copy of this

order.

7. Accordingly, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE VP

Same Court & Year Karnataka · 2025 Same Parties Seena Deepak vs Sameer Ahmed Same Judge H.T. Narendra Prasad