IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50665 OF 2019 (GM-CPC) BETWEEN:
SRI. MAHENDRA KUMAR S/O MOHANLAL @ SUMERMAL AGED ABOUT 49 YEARS R/AT. NO.8, 15TH MAIN, 1ST “A” CROSS BRUNADAVAN LAYOUT NEAR KIDNEY FOUNDATION PADMNABHANAGAR, BENGALURU-560070.
(BY SRI. AKASH V.T. ADVOCATE) AND:
1. SMT. GANGAMMA B W/O H. VISHWANATH AGED ABOUT 46 YEARS R/AT. No.2511, 26TH CROSS 17TH MAIN ROAD, B.S.K. II STAGE NEAR B.D.A. COMPLEX BENGALURU-560070.
2. SRI. PIYUSHKUMAR S/O MAHENDRAKUMAR AGED ABOUT 22 YEARS R/AT. No.8, 15TH MAIN 1ST “A” CROSS, BRUNDAVAN LAYOUT NEAR KIDNEY FOUNDATION PADMANABHANAGAR BENGALURU-560061.
3. KUMARI PRERANA D/O MAHENDRAKUMAR AGED ABOUT 15 YEARS MINOR REP. BY HER FATHER MAHENDRAKUMAR ... PETITIONER S/O MOHANLAL @ SUMERMAL R/AT. No.8, 15TH MAIN, 1ST “A” CROSS BRUNDAVAN LAYOUT NEAR KIDNEY FOUNDATION PADMANABHANAGAR BENGALURU-560061.
4. SRI. RAVIKALA D/O BHASKAR SHANBOG AGED ABOUT 44 YEARS OCC: MANAGER CANARA BANK JAYADEVA HOSPITAL BRANCH R/AT. No.8, 15TH MAIN 1ST “A” CROSS, BRUNDAVAN LAYOUT NEAR KIDNEY FOUNDATION PADMNABHANAGAR BENGALURU-560061.
5. MRS. JAYANTI SHANBOG W/O BHASKAR SHANBOG AGED ABOUT 70 YEARS R/AT. No.8, 15TH MAIN 1ST “A” CROSS, BRUNDAVAN LAYOUT NEAR KIDNEY FOUNDATION PADMNABHANAGAR BENGALURU-560061.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.10.2019 IN O.S.No.619/2015 PASSED BY HON’BLE XXXIV ADDL. CITY CIVIL SESSIONS JUDGE, BENGALURU (CCH- 35) ALLOWING IA U/S 151 OF CPC FILED BY THE R1 IN O.S.No.619/2015, VIDE ANNX-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The grievance of the writ petitioner is against the order dated 14.10.2019, a copy whereof is at Annexure-A, whereby the learned XXXIV Additional City Civil and Sessions Judge, Bengaluru, has directed clubbing of the subject suits for the purpose of common trial.
2. The Hon’ble Apex Court in ‘Chitivalasa Jute Mills vs. Jaypee Rewa Cement’ in AIR 2004 SC 1687, has laid down broad parameters that govern the clubbing of the suits; and that the impugned order is consistent with the norms laid down therein.
3. Secondly, the orders clubbing the suit proceedings are treated as discretionary decisions and therefore, the deeper scrutiny thereof at the hands of the Writ Court is ordinarily not undertaken under the limited supervisory jurisdiction under Article 227 of the Constitution of India vide Sadhana Lodh vs. National Insurance Company, in (2003) 3 SCC 524.
Thus the writ petition being devoid of merits is rejected in limine.
It is needless to mention that the parties to the suits have the right to examine the witnesses of their choice subject to all just exceptions; the decision in this regard shall be taken by the learned trial Judge in accordance with rules of reason and justice.
Sd/- JUDGE Mds/-