IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.40747 OF 2019 (GM-CPC) BETWEEN:
NAVEEN KUMAR JAYARAM, S/O LATE K.JAYARAM, AGED ABOUT 36 YEARS, R/A FLAT NO.5Q, BLOCK E5, FERNHILL GARDEN APARTMENTS, HSR LAYOUT, SECTOR – 6, BENGALURU – 560 102.
... PETITIONER (BY SRI.P.N.RAJESWARA, ADVOCATE) AND:
C.CHANNAKESHAVA, S/O C.ASHWATHANARAYANA, AGED ABOUT 69 YEARS, R/AT NO.1503 ‘SRI SUMA’, SOUTH END ‘B’ ROAD, 9TH BLOCK, JAYANAGAR, BENGALURU – 560 069.
... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.06.2019 ON I.A.NO.2 IN O.S.NO.1594/2018 PASSED BY THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH 30) (ANNEXURE – A) AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being now impleaded as defendant NO.2 in a specific performance suit O.S.No.1594/2018 is invoking the writ jurisdiction of this Court for calling in question the order dated 19.6.2019, a copy whereof is at Annexure-A, whereby the learned XXIX Addl. City Civil Judge, Bengaluru having allowed the plaintiff application in I.A.No.2 filed under Order 1 Rule 10(2) of CPC has impleaded him as a defendant, for answering the suit claim.
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 ground on which the impugned order is sought to be invalidated avails to the petitioner to be taken as a contention for resisting the suit before the court below.
It is open to the petitioner to take up all the contentions for resisting the suit including the one that avails under section 21 of the Limitation Act 1963, regardless of the observations made in the impugned order.
Writ Petition is disposed of with the above observations.
Sd/- JUDGE PSG