IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50611 OF 2019 (GM-CPC) BETWEEN MOHAMAD VALIYULLA, S/O LATE IQUBAL SAIT, AGED ABOUT 45 YEARS, PROP OF KARNATAKA ELECTRICIAL CORPORATION, OLD BANK ROAD, MYSURU.
ALSO AT “LIGHT HOUSE”
OPP. GREEN COMPLEX, K.T. STREET, MYSURU.
PIN CODE: 570 001. … PETITIONER (BY SRI PRAKASHA H C, ADVOCATE) AND 1. SRI LOKESH KUMAR, S/O PADMANABHA SHETTY, AGED ABOUT 41 YEARS, 2. M P CHANDRAKANTHAMMA, W/O LOKESH KUMAR, AGED ABOUT 41 YEARS, BOTH ARE RESIDING AT NO.1398/3, KRISHNARAJA ROAD, KRISHNAMURTHY PURAM, MYSURU.
PIN CODE: 570 004. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE X ADDNL. CIVIL JUDGE AND JMFC AT MYSURU IN O.S.NO.1342/2016 TO PASS AN ORDER ON THE MEMO DATED 14.10.2019 FILED BY THE PETITIONER AT ANNEXURE-C AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the defendant in an ejectment suit in O.S.No.1342/2016, is knocking at the doors of writ court seeking a direction to the learned Trial Judge to consider and dispose off his Memo, a copy whereof is at Annexure – C to the Writ Petition which reads as under:
“The undersigned counsel appearing for the defendant herewith filing an affidavit sworn by the defendant which contains the fact of vacating the plaint schedule premises in the interest of justice and equity.”
It is also supported by an affidavit as well. The petitioner grieves that this Memo is kept pending and the trial has been going on, without being considered.
2. Having heard the learned counsel for the petitioner and having perused the Petition Papers, this court declines to grant indulgence in the matter inasmuch as the subject matter of Memo is inbuilt in the issues framed by the court below on the basis of which the trial has been half a through. The contentions taken up in the Memo accompanied by the affidavit fall within the realm of facts which court cannot decide sans trial. Therefore, there is no duty on the court below to take cognizance of the subject Memo at all, notwithstanding the accompanying affidavit.
In the above circumstances, the Writ Petition being devoid of merits is disposed off without granting indulgence. However, it is open to the petitioner to urge all the points which he has taken up in the Memo and the affidavit as well in the court below.
Sd/- JUDGE cbc