IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.29343/2019 (GM-CPC) BETWEEN PREUSSE INDIA PVT LTD, NO.884, KAMAKSHIPALYA EXTENSION, MAGADI MAIN ROAD, BANGALORE – 79, A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, BY ITS DIRECTOR. ... PETITIONER (BY SRI.V.B.SHIVA KUMAR, ADVOCATE) AND 1. PRECISION GEARS AND COMPONENTS, A REGISTERED PARTNERSHIP FIRM, NO.884, KAMAKSHIPALYA EXTENSION, MAGADI MAIN ROAD, BANGALORE – 79.
BY SRI.SIDDARAMMAYYA G HUNDEKAR, MANAGING PARTNER.
2. MESH TRANS GEARS PVT LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, NO.884, KAMAKSHIPALYA EXTENSION, MAGADI MAIN ROAD, BANGALORE – 79, BY SRI.RAJIV HUNDEKAR, MANAGING DIRECTOR.
3. PRATEEK CNC SYSTEMS PVT LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT NO.884, KAMAKSHIPALYA EXTENSION, MAGADI MAIN ROAD, BANGALORE – 79, BY SRI.SUNIL SURPUR, MANAGING DIRECTOR.
4. KONYFLEX GEARS INDIA PVT LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, NO.884, KAMAKSHIPALYA EXTENSION, MAGADI MAIN ROAD, BANGALORE – 79, BY SRI.RAJIV HUNDEKAR, MANAGING DIRECTOR.
5. SIDDRAMAPPA G HUNDEKAR, S/O LATE G.S.HUNDEKAR, AGED ABOUT 80 YEARS, R/O TERRACE PORTION NO.884, KAMAKSHIPALYA EXTENSION, MAGADI MAIN ROAD, BANGALORE - 79.
6. SMT.DAKSHAYINI S HUNDEKAR, W/O G.S.HUNDEKAR, AGED ABOUT 70 YEARS, R/O TERRACE PORTION NO.884, KAMAKSHIPALYA EXTENSION, MAGADI MAIN ROAD, BANGALORE - 79.
7. APARNA R HUNDEKAR, W/O RAJEEV HUNDEKAR, AGED ABOUT 40 YEARS, NO.52, VINAYAKA LAYOUT, 1ST STAGE, MAGADI ROAD, BANGALORE - 79.
8. RAJEEV S HUNDEKAR, S/O S.G.HUNDEKAR, AGED ABOUT 50 YEARS, NO.52, VINAYAKA LAYOUT, 1ST STAGE, MAGADI ROAD, BANGALORE - 79.
9. SATISH G HUNDEKAR, S/O S.G.HUNDEKAR, AGED ABOUT 48 YEARS, R/O TERRACE PORTION NO.884, KAMAKSHIPALYA EXTENSION, MAGADI MAIN ROAD, BANGALORE - 79.
10. GIRISH S HUNDEKAR, S/O S.G.HUNDEKAR, CHAITANYA INDUSTRIES, KOTTIGE PALYA, BANGALORE - 91.
11. HARISH AGADI, FATHERS NAME NOT KNOWN, AGED ABOUT 44 YEARS, CHAITANYA INDUSTRIES, KOTTIGE PALYA, BANGALORE - 91.
12. SUNIL S SURPUR, S/O GURSHANTAPPA, AGED ABOUT 50 YEARS, STEEL KRAFT, PEENYA INDUSTRIAL, BANGALORE – 58.
13. KAVITA HUNDEKAR, W/O SATISH HUNDEKAR, R/O TERRACE PORTION NO.884, KAMAKSHIPALYA EXTENSION, MAGADI MAIN ROAD, BANGALORE - 79.
14. KARNATAKA STATE FINANCIAL CORPORATION, BY ITS MANAGING DIRECTOR, NO.1/1, THIMMIAH ROAD, NEAR CANTONMENT RAILWAY STATION, BANGALORE - 52. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ALLOW THIS W.P; QUASH THE IMPUGNED ORDER AT ANNEXURE-G DATED 21.2.19 PASSED BY 13TH ADDITIONAL CITY CIVIL JUDGE AND SESSIONS JUDGE AT MAYOHALL COURT CCH NO.22 ON I.A.NO.21 IN O.S.NO.15130/05 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the plaintiff in O.S.No.15130/2005 is knocking at the doors of Writ Court for assailing the order dated 21.02.2019, a copy whereof is at Annexure-G whereby, the learned XXXIII Additional City Civil Judge, Mayohall Unit, Bengaluru, has rejected his application in IA No.21 filed under Order XIV Rule 5 read with Section 151 of CPC, wherein he had sought for deletion of issue No. (e).
2. having heard the learned counsel for the petitioner and having perused the writ petition papers, this Court declines to interfere in the matter for the following reasons:
a) consistently, this Court has been taking the stand that in matters relating to framing, non-framing, deletion & modification of issues, writ jurisdiction is not ordinarily invokable subject to all just exceptions into which case of the petitioner does not fit; and, b) the rejection of application in relation to framing of issues can be made a ground in appeal by the aggrieved as provided under Section 105 read with Order XLII Rule 1A of CPC, 1908.
In the above circumstances, writ petition is disposed off reserving liberty as mentioned in Sub-para (b) above, in the immediately preceding paragraph.
All contentions are kept open.
Sd/- JUDGE Cbc/Bsv