IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.NOS.13746 & 19066 OF 2018 (GM-CPC) BETWEEN:
SRI.D.LOGANATHAN, S/O LATE. N.DORAIRAJ, MAJOR BY AGE, RESIDING AT NO.66, R.P. ROAD, BENGALURU – 560 020. ... PETITIONER (BY SRI.V.B.SHIVAKUMAR, ADVOCATE) AND:
1. SRI.D.NAGABHUSHAN, S/O LATE N.DORAIRAJ, MAJOR BY AGE, RESIDING AT NO.66, R.P. ROAD, BENGALURU – 560 020.
2. SMT.N.MANJULA, C/O SURESH, MAJOR BY AGE, RESIDING AT NO.66, R.P. ROAD, BENGALURU – 560 020.
3. SRI.N.SHIVAKUMAR @ RAMALINGAMA, S/O D.NAGABHUSHAN MUDALIAR, MAJOR BY AGE, RESIDING AT NO.66, R.P. ROAD, BENGALURU – 560 020.
4. SMT.MEENAMBAL, C/O SRI.RAMAMURTHY, MAJOR BY AGE, HOUSE NO.1-A, WEBSTAR ROAD, COX TOWN, BENGALURU – 560 005.
5. SMT.GEETHA, C/O SRI.ARVIND KUMAR, MAJOR BY AGE, HOUSE NO.3, CROSS ROAD, BHOPSANDRA, BENGALURU – 560 094.
6. SMT.SHANTHA, C/O SRI.KODANDAPANI, MAJOR BY AGE, HOUSE NO.66, R.P. ROAD, BENGALURU – 560 020.
7. SRI.K.N.DAYAL, ADVOCATE, NO.29 AND 30, 11TH CROSS ROAD, VYALIKAVAL, BENGALURU – 560 003.
8. SRI.ANNAJI RAO VAIDHYA, S/O SRI.VENKATESH VAIDHYA, MAJOR BY AGE, RESIDING AT NO.20/195, 2ND CROSS ROAD, 2ND STAGE, KIRLOSKAR COLONY, SHANKARMUTT, BASAVESHWARNAGAR, BENGALURU – 560 079.
9. SMT.SAVITHRI, C/O SRI.PRASHANTH, MAJOR BY AGE, RESIDING AT NO.80, GULMOHAR PARK, KADRI TEMPLE STREET, BENGALURU – 575 002. ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 1.3.2018 PASSED BY THE COURT OF THE CITY CIVIL AND SESSIONS JUDGE, (CCH NO.10), BENGALURU IN O.S.NO.8391/2001 ON I.A.NOS.38 FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE AND I.A.NO.39 FILED UNDER ORDER 6 RULE 17 READ WITH SECTION 151 CPC, ANNEXURE-A AND ETC.
THESE WRIT PETITIONS COMING ON PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner being the plaintiff in a partition suit in O.S.No.8391/2001, is knocking at the doors of writ court seeking invalidation of the order dated 01.03.2018, a copy whereof is at Annexure-A whereby, the learned XVIII Addl. City Civil Judge, Bengaluru, has dismissed his applications in I.A.Nos.38 & 39 filed under Order VI Rule 17 of CPC, seeking leave to amend the cause title of the suit by introducing new addresses of the respondent/defendants.
2. The court below having considered all aspects of the matter, has dismissed the above applications and challenge thereto is not sustainable for the following reasons:
(a) suit is of the year 2001; the Written Statement by the defendants 1 & 3 is filed on 07.10.2002; the Written Statement is filed by the 2nd defendant on 08.10.2003; the Written Statement by the 7th defendant is filed on 23.07.2014; in none of these Written Statements or even in the Amendment Application, there is any plea as to the addresses of these respondents being incorrect or incomplete;
(b) the litigating parties at times need to shift their residences because of transfer in the job, the tenancy is determined or for such other reasons; every such transfer does not need change of address in the cause title; an argument to the contrary would only result into elongation of litigation process.
In the above circumstances, the Writ Petition being thoroughly devoid of merits, stands rejected.
No costs.
Sd/- JUDGE cbc