IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.41937 OF 2019 (GM-CPC) BETWEEN:
MRS. SARFINA LUIS D’SOUZA W/O. VELERIAN PINTO AGED 37 YEARS RESIDING AT CPC COUMPOUND URVA LONGLANE MANGALORE – 575 006 ... PETITIONER (BY SRI SRIDHAR H., ADVOCATE) AND:
MR. SIDDARTH SHETTY S/O. K. ULLAS SHETTY AGED 32 YEARS RESISING AT ‘SHIVADHYANA’ PINTO’S LANE, KADRI KAMBLA MANGALORE – 575 002 ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 02.01.2019 (ANNEXURE-F) PASSED BY THE COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT MANGALURU ON I.A.NO.4 IN OS.NO.689/2017 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner being the defendant in a money suit in O.S.No.689/2017 is knocking at the doors of writ Court for assailing the order dated 02.01.2019, a copy whereof is at Annexure – D whereby the learned Principal Civil Judge, Mangaluru, having rejected his application in I.A.No.4 filed under Order XIV Rule 5 of CPC, 1908, has refused to frame additional issues as sought for.
2. Having heard the learned counsel for the petitioner and having perused the petition papers, the trial Court’s order refusing to frame the additional issues cannot be faltered inasmuch as the claim for the money decree is confined to a particular sum of money regardless of the amount mentioned in the agreement to sell which apparently pales into insignificance, since the suit is not for specific performance.
In the above circumstances, this writ petition being devoid of merit is rejected in limine, all other contentions having been kept open.
KTY Sd/- JUDGE