IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 51975 OF 2019 (GM-CPC) BETWEEN:
1. M N MANJULA W/O LATE K C SRINIVASA AGED ABOUT 58 YEARS, YELEBANIGIGARA BEEDI, DODDAPETE, KUNIGAL TOWN-572130. TUMKUR DISTRICT.
2. SRI K S NAGENDRA S/O LATE K C SRINIVASA, AGED ABOUT 30 YEARS, YELEBANIGIGARA BEEDI, DODDAPETE, KUNIGAL TOWN-572130. TUMKUR DISTRICT.
(BY SRI. KRISHNAMURTHY M R, ADVOCATE) AND:
1. SRI. K C PARTHSARATHI S/O LATE CHALUVAIAH @ APPAJAIAH AGED ABOUT 62 YEARS, YELEBANIGIGARA BEEDI, DODDAPETE, KUNIGAL TOWN-572130, TUMKUR DISTRICT.
2. SRI K S CHITRA W/O KUMAR, AGED ABOUT 40 YEARS, NO.69, 2ND CROSS, CHELURPALYA, BENGALURU-560023.
… PETITIONERS 3. SMT GUNAVATHI W/O LATE SAMPATH KUMAR @ YADUGIRI AGED ABOUT 72 YEARS YELEBANIGIGARA BEEDI, DODDAPETE, KUNIGAL TOWN-572130. TUMKUR DISTRICT.
4. SMT P G PADMA W/O H RAMASWAMY, AGED ABOUT 43 YEARS, NO.71, I MAIN ROAD, 13TH CROSS, GAYATHRINAGAR, BENGALURU-560010.
5. SRI RAJU S/O CHANNAPPA, AGED ABOUT 38 YEARS, CHOUDESHWARI TEMPLE STREET, KUNIGAL TOWN-572130.
TUMKUR DISTRICT.
6. VENKATESH S/O LATE THIMMAIAH, AGED ABOUT 67 YEARS, GANIGARA STREET, DODDAPETE, KUNIGAL TOWN-572130.
TUMKUR DISTRICT.
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED CIVIL JUDGE (SR.DN) KUNIGAL IN O.S.NO.21/2007 DATED 21.10.2019 PASSED ON I.A.20, PRODUCED AT ANNEXURE-F AND ALLOW I.A.NO. 20.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being one of the defendants in a partition suit in O.S.No.21/2007 is invoking the writ jurisdiction of this Court for assailing the order dated 21.10.2019, a copy whereof is at Annexure-F, whereby her application in IA No.20 filed Under Order III Rule 2 of CPC, 1908 having been rejected and consequently, she has to enter the witness box for deposing, in the matter.
2. The subject matter of this writ petition is substantially similar to the one in the case of VASDEO BHOJWANI VS INDUSTRIAL BANK, AIR 2005 SC 431 wherein the Apex Court has laid down principles into which petitioner’s case does not fall since she claims to have bought the property in her own name. In the identical circumstances, the Apex Court disproved invocation of Order III Rule 5 of CPC.
Writ petition being devoid of merits, is rejected in limine.
However, it is open to the petitioner to seek the deposition being recorded to Commission, if the grounds too exist for that.
If such an application is filed, the Court below shall consider it leniently.
Sd/- JUDGE Bsv