IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.VEERAPPA WRIT PETITION NO. 11589/2019 C/W WRIT PETITION NO. 11590/2019 (GM-CPC) IN W.P. NO. 11589/2019: BETWEEN:
SMT HENJAMMA W/O LATE LAKSHMAIAH, AGED ABOUT 78 YEARS, R/O GIREGONDANAHALLI VILLAGE, DODDERI HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572112.
(BY SRI. RAMESH K R, ADVOCATE) AND:
SRI SHIVANNA H, S/O HENJANNA, AGED ABOUT 42 YEARS, R/O GIREGONDANAHALLI VILLAGE, DODDERI HOBLI, MADHUGIRI TALUK TUMKUR DISTRICT-572112 … PETITIONER … RESPONDENT (BY SRI. G S VENKAT SUBBARAO, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 17.01.2019 PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE & JMFC, MADHUGIRI ON I.A.NO.VIII FILED BY THE PETITIONER UNDER ORDER 6 RULE 17 OF CPC IN O.S.NO.41/2013 & THEREBY ALLOW I.ANO.VIII IN O.S.41/2013 AS PRAYED FOR.
IN W.P. NO. 11590/2019 :
BETWEEN:
SMT HENJAMMA W/O LATE LAKSHMAIAH, AGED ABOUT 78 YEARS, R/O GIREGONDANAHALLI VILLAGE, DODDERI HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572112.
(BY SRI. RAMESH K R, ADVOCATE) AND:
SRI SHIVANNA, S/O HENJANNA, AGED ABOUT 42 YEARS, R/O GIREGONDANAHALLI VILLAGE, DODDERI HOBLI, MADHUGIRI TALUK TUMKUR DISTRICT-572112 (BY SRI. G S VENKAT SUBBARAO, ADVOCATE) …PETITIONER …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 17.01.2019 PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE & JMFC, MADHUGIRI ON I.A.NO.IX FILED BY THE PETITIONER UNDER ORDER 8 RULE 1-A OF CPC IN O.S.NO.41/2013 ANNEXURE-F AND THEREBY ALLOW THE I.A.NO.IX IN O.S.NO.41/2013.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The defendant in O.S. No.41/2018 pending on the file of the Court of the Prl. Senior Civil Judge, at Madhugiri, has filed these two writ petitions against the common order dated 17.01.2019 rejecting the applications in IA No. 8 under Order VI Rule 17 of Code of Civil Procedure, 1908 (‘CPC’ for short) to incorporate certain facts in the Written Statement and IA No. 9 under Order VIII Rule 1(a) of CPC seeking for permission to produce and mark certain documents after condoning the delay.
2. Sri. Ramesh K R, learned counsel for the petitioner submits that after filing of these writ petitions, matter is posted for judgment on merits of the said suit on 16.04.2019. Therefore, the prayer sought in these writ petitions does not survive for consideration.
3. He further submits that if any judgment or decree is to passed against the petitioner, liberty may be reserved to the defendant to challenge the same in accordance with law before the appellate Court including the present applications for amendment and production of additional documents. The said submission is placed on record.
Sri. G S Venkat Subba Rao, learned counsel for the respondent-plaintiff fairly submits that such liberty may be reserved to the defendant, if the plaintiff succeeds in the suit.
In view of the above, the writ petitions are disposed off having infructuous with liberty as prayed for in accordance with law.
Bsv Sd/- JUDGE