IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH , 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.36612/2018(GM-CPC) BETWEEN:
1. MANJU DEVI BANKA, AGED ABOUT 61 YEARS, W/O RADHESHYAM BANKA, # 4085, 17TH MAIN, BSK II STAGE, BENGALOORU-560 070.
REPRESENTED BY HER GPA HOLDER AMIT KUMAR BANKA, 2. MANISH KUMAR SARAOGI AGED ABOUT 44 YEARS, S/O VIJAY KUMAR SARAOGI 48,PAPANNA LANE,KR SHETTIPET BENGALOORU-560 002.
REPRESENTED BY HIS GPA HOLDER, AMIT KUMAR BANKA.
... PETITIONERS (BY SRI G. S. PRASANNA KUMAR, ADVOCATE) AND:
1. M. R. VENKATESH, AGED ABOUT 46 YEARS, S/O RAMANNA, 171, II MAIN,MUNESHWARA LAYOUT, LAGGERE,BENGALOORU-560 058.
2. MUNIRAJU AGED ABOUT 47 YEARS, S/O THIMMAIAH, # 319,GUBBALALA UTTARAHALLI HOBLI, BENGALOORU SOUTH TALUK, BENGALOORU-560 062.
3. SANTOSH KUMAR XAVIER AGED ABOUT 41 YEARS, S/O N. S. XAVIER, # 63, S G PALYA,DRC POST, BENGALOORU-560 029.
4. GOVINDA NAYAK AGED ABOUT 46 YEARS, S/O VALI NAYAK, # 243/B,GUBBALALA, MARUTHINAGAR, UTTARAHALLI HOBLI, BENGALOORU SOUTH TALUK, BENGALOORU DISTRICT-560027.
5. A K SUNDAR SALIAN AGED ABOUT 73 YEARS, S/O ESHWAR, D.NO.1968,38TH "A"CROSS, XI MAIN, IV-T BLOCK, JAYANAGAR, BENGALOORU-560 011 6. RAJESH SINGH BALAL AGED ABOUT 59 YEARS.
S/O KULWINDER SINGH BALAL, # 21,V-C CROSS,XVI MAIN IAS OFFICERS COLONY, BTM LAYOUT II STAGE, BENGALOORU-560 076.
7. P. SUKHANANDA SHETTY, AGED ABOUT 45 YEARS, S/O P. NARAYANA SHETTY, # 367, VIJAY CLASSIC, VIJAYA BANK COLONY, IIM POST, BANNERGHATTA ROAD, BENGALOORU-560 076.
**** ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 15.06.2017 PASSED BY LEARNED XII ADDITIONAL CITY CIVIL JUDGE, BANGALURU IN OS 9921/14 VIDE ANNEXURE-D AND ACCEPT THE VALUATION MADE BY THE PETITIONERS AS SUFFICIENT & PROPER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners – plaintiffs filed the present writ petitions to quash the order passed by the trial Court dated 15.6.2017 directing the plaintiffs to furnish fresh valuation slip in accordance with the Civil Rules of Practice.
2. Learned counsel for the petitioners submits that he has already filed fresh valuation before the trial Court, but no document is produced before this Court. He also submits that subsequently, the trial Court passed an order on 16.8.2017 to the effect that the petitioners – plaintiffs have filed fresh valuation slip in accordance with the Civil Rules of Practice.
3. In view of the above, quashing of the order directing to file fresh valuation slip would not arise. After filing fresh valuation slip, the petitioners have approached this Court unnecessarily wasting public time. The petitioners have not made out any ground to interfere with the impugned order passed by the trial Court, in exercise of powers under Article 227 of the Constitution of India.
Accordingly, the writ petition is dismissed.
Sd/-
Gss/- JUDGE