- 1 - HC-KAR NC: 2025:KHC:29308 WP No. 22841 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO.22841 OF 2025 (GM-CPC) BETWEEN: 1. SRI. AMRUTHRAJ R.L. AGED ABOUT 60 YEARS, S/O LATE LINGARAJ, 2. SRI. KAILASRAJ. R. L. AGED ABOUT 57 YEARS, S/O LATE LINGARAJ, BOTH ARE RESIDING AT NO.1046, 27TH MAIN ROAD, 41ST CROSS, 9TH BLOCK, JAYANAGAR, BENGALURU - 560 069. …PETITIONERS (BY SRI. BHADRINATH R, ADVOCATE) AND: 1. SMT. KAMALESHWARI D. J. AGED ABOUT 62 YEARS, D/O LATE R. L. LINGARAJ, W/O D.G.JAGANNATH SETTY, RESIDING AT NO.864/B, 14TH CROSS, NEAR SUNDAR MAHAL CHOULTRY, II PHASE, GIRINAGAR, BENGALURU - 560 085. 2. SMT. UMA JAYARAJ AGED ABOUT 63 YEARS, W/O. LATE R. L. JAYARAJ, Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29308 WP No. 22841 of 2025 3. KUMARI. L. J. SOMYA AGED ABOUT 27 YEARS, D/O LATE R. L. JAYARAJ, RESPONDENT NOS.2 & 3 ARE RESIDING AT NO.1046, 27TH MAIN ROAD, 41ST CROSS, 9TH BLOCK, JAYANAGAR, BENGALURU - 560 069. …RESPONDENTS (BY SRI. K.MURTHY, ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) TO ISSUE AN ORDER/S OR WRIT OF CERTIORARI TO QUASHING OR SET ASIDE THE IMPUGNED ORDER DATED 17.07.2025 ON APPLICATION/1.A. UNDER ORDER 8 RULE 1(A) OF THE CODE OF CIVIL PROCEDURE IN O.S.NO.621 OF 2023 PASSED BY THE XLI ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BENGALURU FOUND AT ANNEXURE-A AND CONSEQUENTLY TO ALLOW THE APPLICATION FILED UNDER ORDER 8 RULE 1(A) OF THE CODE OF CIVIL PROCEDURE IN O.S.NO.621 OF 2023 BY THE PETITIONERS AND B) TO GRANT SUCH OTHER SUITABLE ORDERS AS DEEMS FIT UNDER THE CIRCUMSTANCES IN THE ABOVE CASE 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 JAYANT BANERJI - 3 - HC-KAR NC: 2025:KHC:29308 WP No. 22841 of 2025 ORAL ORDER Heard learned counsel for the petitioner and Sri.K.Murthy, learned counsel appearing for respondent No.1. 2. The contention of the learned counsel for the petitioner is that in O.S.No.621/2023 that is pending on the court of the XLI Additional City Civil and Session Judge at Bengaluru, he had submitted an instrument evincing cash transaction of Rs.9,00,000/-. It is stated that this document was liable to be impounded by the Court, in view of the provisions of Section 33 of the Karnataka Stamp Act, 1957. 3. A perusal of the order impugned reflects that the Court has held that the document in question dated 15.04.2010 was found to be not registered and it was held that it could not be admitted in evidence. The Court also held it could not be under the circumstances used to prove any collateral purpose. 4. Accordingly, the document of 15.04.2010 was rejected as inadmissible. 5. Since the sole contentions of learned counsel for the petitioners is that the document ought to have been - 4 - HC-KAR NC: 2025:KHC:29308 WP No. 22841 of 2025 impounded by the Court concerned, which the Court has not done, it is for the petitioners to bring the same to the notice of the Court, if so advised. We decline to pass any order in this regard. This petition is accordingly disposed of. Sd/- (JAYANT BANERJI) JUDGE TIN List No.: 1 Sl No.: 9