IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14333 OF 2018 (GM-CPC) BETWEEN:
SMT. DR. PREMAKUMARI W/O DR. NAGARAJ AGED ABOUT 47 YEARS WORKING AS GYNECOLOGIST TALUK GOVERNMENT HOSPITAL CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT R/O SOWPARNIKA BEHIND SPANDANA NURSING HOME HULIYAR, CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT-572218.
(BY MR. MADHU C.S. ADV.) AND:
1. SMT. PUSHPAVATHI W/O UMESH AGED ABOUT 32 YEARS BANASHANKARI EXTENSION CHIKKANAYAKANAHALLI TUMKUR DISTRICT-572214.
2. SRI UMESH S/O DODDAIAH MAJOR, BANASHANKARI EXTENSION CHIKKANAYAKANAHALLI TUMKUR DISTRICT-572214.
3. SRI RAMAIAH S/O MARULAIAH MAJOR, BANASHANKARI EXTENSION CHIKKANAYAKANAHALLI TUMKUR DISTRICT-572214.
… PETITIONER 4. SRI DINESH S/O MAHALINGAIAH AGED ABOUT 30 YEARS DUGADIHALLI POST CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT-572214.
5. CHIEF EDITOR SUVARNA NEWS CHANNEL No.36, CRESCENT ROAD OPPOSITE TO MALLIGE HOSPITAL NEAR SHIVANANDA CIRCLE BANGALURU-560001.
6. CHIEF EDITOR SAMAYA NEWS CHANNEL No.10A, 5TH FLOOR CHANDRAKIRANA BUILDING KASTURBA ROAD OPP TO CUBBON PARK POLICE STATION BANGALURU-560001.
7. CHIEF EDITOR TV 9 NEWS CHANNEL NO.13/1 RHENIUS STREET RICHMOND TOWN OPP. HOCKEY STADIUM BANGALURU-560025.
8. CHIEF EDITOR E. TV NEWS KANNADA CHANNEL No.9/7, K.C.N. BHAVAN YAMUNA BAI ROAD MADHAVA NAGARA BANGALURU-560001.
9. CHIEF EDITOR KASTURI NEWS KANNADA CHANNEL No.12 & 12/1, JOSCO JEWELLERY BUILDING KASTURABA ROAD OPPOSITE TO KUBBON PARK POLICE STATION BANGALURU-560001.
10. CHIEF EDITOR RAJ KANADA NEWS CHANNEL #16/1 KKMP MILLERS TANK BUND ROAD VASANTH NAGAR, BANGALORE-560052.
11. CHIEF EDITOR PUBLIC TV NEWS CHANNEL 4TH FLOOR, TTMC, BMTC BUILDING YESWANTHPUR CIRCLE, YESWANTHPUR BANGALORE-560022.
12. THE DISTRICT REPORTER AMOGHA TV KANNADA CHANNEL NARASIMHA BUILDING SRI SHIVAKUMARA SWAMIJI CIRCLE B H ROAD, TUMAKURU-572102.
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… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER ON IA NO.1/2017 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT CHIKKANAYAKANAHALLI IN OS NO.15/2015 DTD 28.2.2018 VIDE ANNX-E AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Madhu C.S., learned counsel for the petitioner.
2. Heard on the question of admission.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 28.02.2018 passed by the Trial Court by which application preferred by the petitioner under Order 11 Rule 14 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code‘ for short) has been rejected.
4. When the matter was taken up today, learned counsel for the petitioner submitted that after passing of the order, the defendant No.11 has appeared and has filed the written statement. Therefore, the petitioner be granted liberty to file fresh application under Order 11 Rule 14 of the Code before the Trial Court and the Trial Court be directed to decide the same afresh in accordance with law.
5. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with liberty to the petitioner to file an application afresh under Order 11 Rule 14 of the Code in view of subsequent event of appearance of defendant No.11 in the suit. Needless to state that in case such an application is filed, the Trial Court shall decide the same afresh in accordance with law without being influenced by the order dated 28.02.2018.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV