IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.11146-11147 OF 2018 (GM-CPC) BETWEEN:
1. SMT. MUNIYAMMA W/O KUPPUSWAMY AGED ABOUT 55 YEARS 2. KUM.KANCHANA D/O KUPPUSWAMY AGED ABOUT 32 YEARS BOTH ARE RESIDING AT NO.19/23/2937/220/37 6TH CROSS, BALAJI LAYOUT SANJAYNAGARA POST BANGALORE-540094 … PETITIONERS [BY SRI.MANJUNATH S.V., ADVOCATE (ABSENT)] AND:
1. SMT.SAROJA BAI W/O SADASHIVARAO SHINDE AGED ABOUT 59 YEARS R/AT NO.16, JAYALDARSHINI LAYOUT NEW BEL ROAD BANGALORE-560094 2. SMT.A.KRISHNA DEVI W/O A.ANAND AGED ABOUT 32 YEARS R/AT NO.19/23/2937/220/37 6TH CROSS, BALAJI LAYOUT SANJAYNAGARA POST BANGALORE-540094 … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER VIDE ANNEXURE-A, ON I.A.NO.8, PASSED BY THE CITY CIVIL JUDGE, XIV ADDL.CITY JUDGE IN O.S.NO.7861/2002 AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioners even when the matters are taken up in the second round. Perused the records.
2. In these petitions under Article 227 of the Constitution of India, the petitioners inter alia have assailed the validity of the order dated 17.10.2016 passed by the Trial Court by which application filed by the plaintiff under Order VI Rule 17 CPC which was based on subsequent events has been allowed.
3. Writ Petitions are pending before this Court since 2018, in which no interim order has been passed. By now, plaintiff must have filed the amended plaint and substantial progress must have been made in the suit. Therefore, at this point of time, I am not inclined to deal with the matter on merits.
Accordingly, writ petitions are disposed of with liberty to the petitioners to assail the impugned order dated 17.10.2016 in an appeal, if occasion so arises.
Sd/- JUDGE PKS