IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.48104 OF 2018 (GM-CPC) BETWEEN:
SRI M.M.S.STANLEY S/O.O.SUNDER RAJ AGED ABOUT 53 YEARS R/AT NO.569, 1ST FLOOR 2ND MAIN, 12TH CROSS BTM 2ND STAGE BANGALORE-560 076 … PETITIONER (BY SRI R.GEORGE LAZARUS, ADVOCATE) AND:
1. DR.MOHAMMED ABDUL RAWOOF S/O.LATE HAKEEM AGED ABOUT 67 YEARS 2. DR.HAJIRA TABASSUM W/O.DR.M.ABDUL RAWOOF AGED ABOUT 59 YEARS BOTH ARE R/AT NO.332 GLENN HAWTHORNE BLVD MISSISSAUGA, ONTARIO, L5R2L9 REP. BY THEIR POWER OF ATTORNEY HOLDER SRI MOHAMMED ILYAS S/O.LATE P.S.ABDUL SALAM NO.17, 2ND MAIN TIPPANNA LAYOUT KARIYAN PALYA BENGALURU-560 084 … RESPONDENTS (BY SRI MEHTER M. AZZAM, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.09.2018 (ANNEXURE-A) PASSED BY THE ADDITIONAL CITY CIVIL JUDGE, MAYO HALL UNIT, BENGALURU IN OS.NO.25915/2014 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The impugned order rejecting the memo filed by the petitioner-defendant praying for treating additional issues as to the maintainability of the suit cannot be faltered since said issue apparently involves mixed question of law and facts which merit consideration along with all other companion issues as held by the Full Bench of this Court in the case of VENKATESH R.DESAI vs. SMT. PUSHPA HOSAMANI AND OTHERS, ILR 2018 KAR 5095, no contrary ruling or law having been brought to the notice of the Court.
Accordingly, the writ petition is dismissed.
Sd/- JUDGE KTY