IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.28225/2018 & 29477/2018 (GM-CPC) BETWEEN:
MR. MOHAMMED AJAMATH MOHAMMED S/O LATE MOHAMMED HUSSAIN AGED ABOUT 63 YEARS R/AT NO.1/892, OPP: PWD QUARTERS OLD JEVARGI ROAD, KALABURAGI – 585102. (By Mr. PRASANNA V.R. ADV.) AND:
1. THE FOOD CORPORATION OF INDIA BY ITS GENERAL MANAGER KARNATAKA REGION REGIONAL OFFICE 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU – 560041.
2. THE AREA MANAGER FOOD CORPORATION OF INDIA DISTRICT OFFICE SHROFF COMPLEX SIR M V ROAD, TILAK NAGAR SHIVAMOGGA CITY – 577201.
3. M/S ZAMEER AHMED GOLA TRANSPORT A PARTNERSHIP FIRM REP. BY ITS PARTNER FLEET OWNERS TRANSPORT AND CONTRACTORS HOUSE NO.1/892, OPP. PWD QUARTERS OLD JEVARGI ROAD KALABURAGI – 585102.
… PETITIONER 4. MISS. HANEEFA BEGUM D/O LATE MOHAMMED HUSSAIN AGE MAJOR PARTNER M/S ZAMEER AHMED GOLA TRANSPORT FLEET OWNERS TRANSPORT AND CONTRACTORS HOUSE NO.1/892 OPP. PWD QUARTERS OLD JEVARGI ROAD KALABURAGI – 585102.
5. MR. MOHAMMED NAZEER HUSSAIN S/O LATE MOHAMMED HUSSAIN AGE MAJOR PARTNER M/S ZAMEER AHMED GOLA TRANSPORT FLEET OWNERS TRANSPORT AND CONTRACTORS HOUSE NO 1/892, OPP. PWD QUARTERS OLD JEVARGI ROAD KALABURAGI – 585102.
6. MR. NAZEER AHMED IQBAL S/O MR. PEER AHMED AGE MAJOR PARTNER M/S ZAMEER AHMED GOLA TRANSPORT FLEET OWNERS TRANSPORT AND CONTRACTORS HOUSE NO.1/892 OPP. PWD QUARTERS OLD JEVARGI ROAD KALABURAGI – 585102.
(By Mr. N. DINESH RAO, ADV., FOR R1 & R2 … RESPONDENTS V/O DTD: 11/7/2018 NOTICE TO R3-R6 IS DISPENSED WITH) - - -
These Writ Petitions are filed under Article 227 of the Constitution of India, praying to quash the Order dated 6.3.2018 on I.A.4 and 5 in O.S.75/2013 on the file of the learned Prl. Sr. Civil Judge and CJM, Udupi, rejecting the I.A.4 filed by the petitioner/defendant No.2 under Order 14 Rule 2(2) of CPC and allowing the I.A.5 filed by the plaintiff under Sec. 151 of CPC vide Anenx-A. and etc.
These Petitions coming on for Orders this day, the Court made the following:-
ORDER Mr.Prasanna V.R., learned counsel for the petitioner.
Mr.N.Dinesh Rao, learned counsel for the respondent Nos.1 & 2.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 06.03.2018 by which application preferred by the petitioner under Order XIV Rule 2 of Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’ for short) to treat the additional issue as preliminary issue has been rejected. During the pendency of the suit, both the parties jointly submitted that the plaintiff has admittedly adduced evidence in the suit and the defendant is yet to adduce evidence. In view of the fact that the evidence of the plaintiff in the suit has already been recorded, I deem it appropriate to dispose of the writ petition with direction to the Trial Court to decide the issue with regard to limitation along with suit expeditiously and in accordance with law.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS