IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.5306/2019 (GM – CPC) BETWEEN:
SMT.LATHA DEVI W/O N.THYAGARAJ, AGED 42 YEARS, R/AT NO.4, Dr. T.C.M. RAYAN ROAD, OPP: GOOD’S SHED ROAD, BANGALORE-560053. ... PETITIONER [BY SRI M.GANESH, ADV.] AND:
1. DIRECTOR OF PRIMARY EDUCATION NEW PUBLIC OFFICES, K.R.CIRCLE, NRUPATUNGA ROAD, BANGALORE-560001 2. BLOCK EDUCATION OFFICER DEVANAHALLI TALUK, DEVANAHALLI, BANGALORE RURAL DISTRICT-562110.
3. HEAD MASTER GOVT. PRIMARY SCHOOL, SY.NO.3/1B, BYRAPPANAHALLI, DEVNAHALLI TALUK, BANGALORE RURAL DISTRICT-562110.
4. PRESIDENT MANDAL PANCHAYATH, AVATHI VILLAGE, DEVANAHALLI TALUK-562110.
5. PRESIDENT JILLA PARISHATH, BEERASANDRA KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110.
6. VENKATESHA S/O ANJINAPPA, MAJOR, R/AT BYRAPPANAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK-562110, BANGALORE RURAL DISTRICT.
7. MUNIRAJA S/O CHANNAPPA, MAJOR, R/AT BYRAPPANAHALLI, KASABA HOBLI, DEVANAHALLI TALUK-562110, BANGALORE RURAL DISTRICT.
8. NANJE GOWDA S/O VENKATE GOWDA, AGED 50 YEARS, R/AT BYRAPPANAHALLI KASABA HOBLI, DEVANAHALLI TALUK-562110, BANGALORE RURAL DISTRICT. …RESPONDENTS [BY SRI ANANDEESWAR D.R., HCGP FOR R-1 & R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS OF O.S.NO.793/2013 FROM THE LEARNED PRL. SENIOR CIVIL JUDGE, DEVANAHALLI, BANGALORE AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned High Court Government Pleader accepts notice on behalf of respondent Nos.1 and 2.
The petitioner has sought for a direction to the learned Principal Senior Civil Judge, Devanahalli, Bengaluru Rural District to dispose of I.A.No.5 in O.S.No.793/2013 vide Annexure – J to the writ petition.
2. I.A.No.5 was filed by the petitioner under Order 5 Rule 19A(2) read with Section 151 of CPC seeking the Trial Court to pass an order in as much as the service of notice on defendant No.5 is held sufficient. It is the grievance of the petitioner that the said application has not been disposed of till date.
3. Learned High Court Government Pleader would point out that Order 5 Rule 19A of CPC has been omitted by Act No.46 of 1999 with effect from 06.06.2002. Hence, the writ petition is bereft of any substance and is liable to be dismissed.
4. There is considerable force in the argument of the learned High Court Government Pleader. Moreover, no such direction as sought for could be issued in exercising the superintendence jurisdiction under Article 227 of the Constitution.
In view of the aforesaid, the writ petition stands dismissed.
Sd/- JUDGE PMR