IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 39781 OF 2014 (GM-CPC) BETWEEN:
SMT. N MANJULA W/O B. NAGARAJ AGED ABOUT 59 YEARS RESIDING AT NO.4, 4TH ROAD NANDHIDURGA EXTENSION JAYAMAHAL,BENGALURU – 560 046 … PETITIONER (BY SRI JANARDHANA G ADV., ) AND:
1. SRI RAMACHANDRAPPA SON OF LATE VENKATA BOVI AGED ABOUT 54 YEARS RESIDING AT NO.112, 6TH CROSS BHOVIAPALYA, 2ND MAIN ROAD MAHALAKSHMIPURAM BENGALURU – 560 086 2. SRI GOVINDAPPA SON OF LATE VENKATA BOVI AGED ABOUT 61 YEARS RESIDIG AT NO.112, 6TH CROSS BHOVIAPALYA, END MAIN ORAD MAHALAKSHMIPURAM BENGALURU – 560 086 3. SMT. M.B.ANUSUYAMMA WIFE OF M.S.VENKATASWAMAPPA AGED ABOUT 62 YEARS RESIDING AT NO.153, 14TH MAIN ROAD MUNESWARA BLOCK MAHALAKSHMIPURA BENGALURU – 560 086 4. SRI M VENKATASWAMY SON OF SRI MUNIVENKATAPPA AGED ABOUT 64 YEARS RESIDING AT NO.153, 14TH MAIN ROAD MUNESWARA BLOCK MAHALAKSHMIPURA BENGALURU – 560 086 … RESPONDENTS (BY SRI. V VINOD REDDY, ADV., FOR R1, R2 TO 4 V/O DATED., 03.09.2014, NOTICE TO R2 TO 4 NOT NECESSARY FOR THE PRESENT ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.08.2014 IN O.S.NO.4467/2008 PASSED BY THE XVII ADDIITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN REJECTING I.A.NO.4 VIDE ANNEXURE-E, REQUESTING THE COURT BELOW TO TREAT THE ISSUE NO.2 AS PRELIMINARYISSUE BEFORE TAKING UP THE OTHER ISSUES ONB MERTIS UNER ANENXURE-C AND CONSEQUENTLY ALLOW THE SAME AS PRAYED FOR.
THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The learned counsel for respondent No.1 after arguing the matter for some time, now points out that the trial having been completed, the matter is posted for arguments on 28.07.2019 in the Court below and therefore, the prayer sought in the writ petition has become infructuous. This is not controverted by the other side.
The issue as to court fee is also being treated by the Court below along with the other; the Full Bench of this Court, in the case of Venkatesh R. Desai Vs. Smt.Pushpa Hosmani and Others, AIR 2019 KAR 47, has held at paragraph No.35 that where the preliminary issue as to payment of Court fee is not connected with the pecuniary jurisdiction of the trial court, such issue need not be treated as a preliminary issue.
In view of the above, this writ petition stands disposed off as having become infructuous and without granting indulgence.
No costs.
Sd/- JUDGE Bsv