Karnataka High Court
Basavaraj vs Hdfc Bank Pvt Limited And Anr on 11 November, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC-K:8340
WP No. 202205 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 202205 OF 2024 (GM-RES)
BETWEEN:
BASAVARAJ S/O REVANSIDDAPPA,
AGE. 64 YEARS, OCC. AGRICULTURE,
R/O H NO. 2-258 BEHIND ANNAPPURNA HOSPITAL
LOWER LANE JAGAT, KALABURAGI-585101.
...PETITIONER
(BY SRI. PREETAM DEULGAONKAR, ADVOCATE)
AND:
Digitally signed 1. HDFC BANK PVT LIMITED,
by SUMITRA KADECHUR UTILITY MAIN ROAD, OPP CITY MUNCIPAL
SHERIGAR
CORPORTATION JAGAT CIRCLE,
Location: HIGH
COURT OF KALABURAGI-585101.
KARNATAKA
2. HON'BLE III ADDL CIVIL JUDGE AND JMFC,
DISTRICT COURT KALABURAGI-585102.
...RESPONDENTS
(BY SRI. UDAY P HONGUNTIKAR, ADV. FOR R1;
SRI. KRUPA SAGAR PATIL, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO ALLOW THE PRESENT
-2-
NC: 2024:KHC-K:8340
WP No. 202205 of 2024
PETITION AND KINDLY CALL FOR RECORDS OF THE PROCEEDINGS
IN C.C. 4122/2016 PENDING IN THE HONOURABLE IV ADDL. CIVIL
JUDGE AND JMFC, KALABURAGI FOR VERIFICATION AND KINDLY
GRANT THE FOLLOWING REMEDIES, ETC.,
THIS PETITION, COMING ON FOR PRL. HEARING IN B GROUP,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)
1. In this petition, the petitioner seeks the following
reliefs:
"Kindly issue a writ of prohibition against the 2nd
respondent, III Addl. Civil Judge and JMFC, Kalaburagi,
restraining from further proceedings or dictating the
Judgment in the case of C.C.No.4122/2016 pending in the
Hon'ble IV Addl. Civil Judge and JMFC Court, Kalaburagi."
2. The grievance of the petitioner in the present
petition is that CC No.4122/2016, in which he is arrayed as
accused, was pending before the IV Additional Civil Judge
and JMFC Court, Kalaburagi, and since the learned Presiding
Officer reserved the judgment for pronouncement of orders
on 02.07.2024, after which he went on long leave, the
matter was taken up before the III Additional Civil Judge,
who instead of adjourning the matter till returning of the IV
NC: 2024:KHC-K:8340
Additional Civil Judge, intended to pronounce Judgment, as a
result of which the petitioner approached this Court by way
of the present petition, in which the following interim order
was passed on 30.08.2024;
1. This is one other case of the hundreds of
cases, which are coming up before this Court where
dispensation of typed copies of the order sheet of the trial
Court is sought for. This being for the reason that the
order sheet is recorded in handwriting of the judge, so
also the notes by the Ministerial Officer is also recorded in
handwriting. In view of production of such documents,
the registry raises the objection as regards their
illegibility, since they are in manuscript, apart from the
handwriting itself being illegible, it is probably time now
to mandate that the order sheet is in typed form, so as to
avoid the office objections on the order sheet and the
note sheet.
2. The Registrar (General) and Registrar
(Computers) are directed to look into this issue and come
up with an appropriate solution.
3. Accepting the reason stated in IA No.1/2024
the production of typed copies of Annexures-A to E is
dispensed with for now.
4. Issue emergent notice to respondent No.1.
5. Sri. Krupa Sagar Patil learned counsel is
directed to accept notice for respondent No.2.
6. The further proceedings in CC No.4122/2016
is stayed till the next date of hearing. Since the said
proceedings had been reserved for judgment on
2.07.2024 and posted to 12.08.2024, the question of in
charge Judge again hearing the matter would not arise.
7. Sri. Krupa Sagar Patil learned counsel is
directed to obtain instructions and make his submissions.
8. Re-list on 10.09.2024.
9. Process fee and copies to be furnished by the
end of the day on 31.08.2024, failing which the interim
order granted would stand automatically vacated.
NC: 2024:KHC-K:8340
3. Learned Counsel for the petitioner submits that
during the pendency of the present petition, the IV Additional
Civil Judge and JMFC Court, Kalaburagi has resumed charge
and the aforesaid C.C.No.4122/2016 may be directed to be
disposed of by the said Judge, before whom the said criminal
case is pending.
4. In view of the aforesaid circumstances and the
submission made on behalf of the petitioner, the present
petition stands disposed of, directing the IV Additional Civil
Judge and JMFC Court, Kalaburagi, to dispose of
C.C.No.4122/2016 in accordance with law.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
SVH
