IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50185 OF 2019 (GM-CPC) BETWEEN:
INDIRA W/O J.RAMA, AGED 63 YEARS, R/AT UMMANNA COMPOUND, CYCLE ROAD, MORGAN’S GATE, MANGALORE-575 001.
(BY SRI. RAJASHEKAR S, ADVOCATE) AND:
1 . K.DEVDAS KUMAR S/O LATE K.GOPAL, AGED ABOUT 54 YEARS, R/AT “SRI KATEEL”, OLD KENT ROAD, PANDESHWAR, MANGALORE TALUK-575 001.
2 . B.L.PRAMILA DEV D/O LATE K.GOPAL, AGED ABOUT 48 YEARS, R/AT SRI KATEEL, OLD KENT ROAD, PANDESHWAR, MANGALORE TALUK-575 001.
... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.10.2019 PASSED ON I.A.NO.28 IN O.S.BI,691/2009 ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC, MANGALORE VIDE ANNEURE-A; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in an eviction suit in O.S.No.691/2009, is invoking the writ jurisdiction of this court for assailing the order dated 10.10.2019, a copy whereof is at Annexure – A whereby the learned II Addl. Civil Judge, Mangaluru, having rejected the amendment application in I.A.No.28 filed under Order VI Rule 17 r/w section 151 of CPC, 1908, has denied leave to amend the pleadings inter alia on the ground that a similar amendment sanctioned by the trial Court earlier vide application dated 4.4.2017, on being challenged has been disallowed by this Hon’ble Court in W.P.Nos.17253-17254/2018.
2. The Apex Court in the case of SATYADHYAN GHOSAL V. DEORAJIN DEBI, AIR 1960 SC 941 at para 8, has held that the order made at various stages of the same litigation are hit by doctrine of res judicata under section 11 of CPC, 1908. That being the position, the impugned order being unassailable the indulgence of writ court is not called for.
Writ petition is disposed off in limine. However liberty is reserved to the petitioner to make the impugned order a ground for challenging the judgment and decree if made adverse to his interest, as provided under Section 105 r/w Order 43 Rule 1A of CPC.
Sd/- JUDGE DS