IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 20703 OF 2017 (GM-CPC) BETWEEN:
1. RAMESH AGED ABOUT 40 YEARS, S/O LATE PUTTASWAMYGOWDA, 2. SMT. RATHNAMMA AGED ABOUT 35 YEARS, W/O RAMESH, R/AT DODDAIHANAKERE, KANAKAPURA DAKALE, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT – 562 117. (BY SRI. H E GUNDE GOWDA, ADVOCATE) AND:
B NAGARAJU AGED ABOUT 67 YEARS, S/O BASAVEGOWDA, THOTADAMANE, DODDAIAHANAKERE, KANAKAPURA DAKALE, KASABA HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT – 562 117.
(BY SRI. H T JAGANNATHA, ADVOCATE) … PETITIONERS … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED ON IA FILED UNDER ORDER XIV RULE 5 OF CPC DATED 23.02.2017 IN O.S.NO.397/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, KANAKAPURA AT ANNX-J.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners being the defendants in a specific performance suit in O.S.No.397/2014 are knocking at the doors of Writ Court for assailing the order dated 23.02.2017, a copy whereof is at Annexure - J whereby, the learned Senior Civil Judge, Kanakapura, having framed the issues has placed the burden wrongly on him.
2. Having heard the learned counsel for the petitioners and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as, it has been the consistent view of this Court that the matters relating to framing, non-framing, modification & deletion of issues and also of placing the burden of proof are not the nature of cases that warrant a deeper scrutiny at the hands of the writ Court.
3. The other reason for declining indulgence in the matter is that the petitioner has a deferred alternate remedy under Order XLIII Rule 1A read with Section 105 of CPC, 1908, inasmuch as, he can make the grievance herein as a ground in his appeal if and when he suffers a judgment & decree adverse to his interest.
Writ petition is disposed of with the above observations.
Sd/- JUDGE Bsv