IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE B.VEERAPPA WRIT PETITION NOS.52355-52356 OF 2017 (GM-CPC) BETWEEN:
1. RAHEEM SAB S/O PEERAB AGED ABOUT 57 YEARS K.E.B. EMPLOYEE R/AT DODDI STREET KADUR TOWN AND POST KADUR TALUK CHIKAMAGALUR DISTRICT – 577 548 2. SMT.SHAHINA W/O RAHEEM SAB AGED ABOUT 50 YEARS R/AT DODDI STREET KADUR TOWN AND POST KADUR TALUK CHIKAMAGALUR DISTRICT – 577 548 ... PETITIONERS (BY SRI.B.S.CHANDAN, ADVOCATE FOR SRI.DILRAJ ROHIT SEQUEIRA, ADVOCATE) AND:
AHMAD SHERIFF S/O LATE IBRAHIM SAB AGED ABOUT 56 YEARS CAR DRIVER R/AT DODDI STREET KADUR TOWN AND POST KADUR TALUK CHIKABAGALUR DISTRICT – 577 548 ... RESPONDENT THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-B, I.E., PLAINT IN O.S.NO.40/2017, PENDING ON THE FILE OF HON’BLE CIVIL JUDGE AT KADUR, AS THE SAME IS WITHOUT CAUSE OF ACTION AND FILED WITH ILL INTENTION TO CAUSE HUMILIATON AND HARASSMENT TO THE PETITIONERS, ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER It is unfortunate that the present petitioners, who are the defendants 1 and 2 before the Trial Court, filed the present writ petitions seeking to issue a writ of certiorari quashing the plaint made in O.S.No.40/2017, pending on the file of Civil Judge, Kadur, contending that the same is without cause of action and filed with ill intention to cause humiliation and harassment to the petitioners.
2. If there is no cause of action for the suit as alleged by the defendants, the provisions of Order 7 Rule 11 of the Code of Civil Procedure, can be invoked. Instead of doing so, the defendants have filed the present writ petitions to quash the plaint. Such a prayer cannot be granted by exercising supervisory jurisdiction under Article 227 of the Constitution of India. This Court declines to entertain the writ petitions.
3. At this stage, Sri.B.S.Chandan, the learned counsel appearing for the petitioners seeks leave of this Court to withdraw the writ petitions. A memo is also filed to that effect.
4. The memo is taken on record. Leave granted. The writ petitions are dismissed as withdrawn.
Sd/- JUDGE AHB