IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.33080 OF 2019 (GM-RES) BETWEEN:
SRI. L. RAVINDRANARAYANA AGED ABOUT 52 YEARS S/O LATE L. RAMAMURTHY #240, KAMALAM NAGAR THIRUMULLAIVOYAL CHENNAI – 600 062 … PETITIONER (BY SRI. SUKUMARAN G, ADVOCATE) AND:
MR. R. KRITHIN AGED ABOUT 19 YEARS S/O SRI. L. RAVINDRANARAYANA REPRESENTED BY HIS NATURAL GUARDIAN/MOTHER SMT. MAHALAKSHMI W/O L. RAVINDRANARAYANA AGED ABOUT 43 YEARS NO.2932, EAST 32ND CROSS ASHOKA ROAD MYSURU – 570 001.
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER ON IA DATED 12.07.2019 IN O.S.NO.86/2018 PASSED BY THE FAMILY COURT JUDGE AT MYSURU, VIDE ANNEXURE-E AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Sukumaran G., learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 12.07.2019 by which the application filed by the petitioner under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 has been rejected.
3. After arguing the matter to some extent, learned counsel for the petitioner submitted that the petitioner has already filed a written statement before the trial Court and the trial Court be directed to frame issue with regard to maintainability of the suit and in case any evidence is required to decide the issue with regard to the maintainability of the suit, the same shall be tried as a preliminary issue.
4. In view of the aforesaid submission and in the facts of the case, it is directed that the trial Court shall frame the issues in the light of the pleadings of the parties and also frame issue with regard to the maintainability of the suit.
5. Needless to state that in case any evidence is required to decide the issue with regard to the maintainability of the suit, the same shall be tried as a preliminary issue. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-