IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.12425/2018 (GM-CPC) C/W WRIT PETITION NO.12426/2018 (GM-CPC) IN W.P.NO.12425/2018 BETWEEN:
SRI. NEERAJ GUPTA, S/O N.D.GUPTA, AGED ABOUT 32 YEARS, RESIDING AT NO.31, JYOTHI BUILDING, B.V.K. IYENGAR ROAD, BENGALURU – 560 053.
(BY SRI. JAYARAM.K, ADVOCATE) AND:
SRI. NIMBUJA DEVI TEMPLE TRUST, HAVING IT OFFICE AT NO.94, 4TH FLOOR, BVK IYENGAR ROAD, BENGALURU – 560053, REPRESENTED BY ITS 1. THE PRESIDENT, SRI. B.K.VENKATESHA JETTY, S/O. B.K.KRISHNA JETTY, AGED ABOUT 49 YEARS, RESIDING AT NO.35, 5TH ‘A’ BLOCK, KORAMANGALA LAYOUT, BENGALURU – 560 095.
2. THE SECRETARY, SRI. JAGANNATH A. JETTY, S/O. B.ANANTHAPADMANABHA JETTY, AGED ABOTU 42 YEARS, RESIDING AT NO 25, VENKUSAHULA, LAN, CHICKPET, BENGALURU – 560 053.
…PETITIONER THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ORDER DATED 05.12.2017 AS PASSED BY THE LEARNED 68TH ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH-69) IN O.S.NO.2255/2016 ON HIS FILE, WHICH IS HERE AT ANNEXURE-F AND TO ALLOW THE I.A.NO.IV AS FILED BY THE PETITIONER/DEFENDANT UNDER ORDER XIV, RULE 5, READ WITH SECTION 151 C.P.C., WHICH IS HERE AT ANNEXURE-D; AND ETC., IN W.P.NO.12426/2018 BETWEEN:
SRI. NEERAJ GUPTA, S/O. N.D. GUPTA, AGED ABOUT 32 YEARS, R/AT 31, JYOTHI BUILDING, B.V.K. IYENGAR ROAD, BENGALURU-560 053.
(BY SRI. JAYARAM.K., ADVOCATE) AND:
SRI. NIMBUJA DEVI TEMPLE TRUST, HAVING IT OFFICE AT NO.94, 4TH FLOOR, BVK IYENGAR ROAD, BENGALURU – 560 053, REPRESENTED BY ITS 1. THE PRESIDENT, SRI. B.K.VENKATESHA JETTY, S/O. B.K.KRISHNA JETTY, AGED ABOUT 49 YEARS, RESIDING AT NO.35, 5TH ‘A’ BLOCK, KORAMANGALA LAYOUT, BENGALURU – 560 095.
2. THE SECRETARY, SRI. JAGANNATH A. JETTY, S/O. B.ANANTHAPADMANABHA JETTY, AGED ABOUT 42 YEARS, RESIDING AT NO 25, VENKUSAHULA LAN, CHICKPET, BENGALURU – 560 053.
…PETITIONER THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ORDER DTD:20.1.2018 AS PASSED BY THE LEARNED 68TH ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU [CCH-69] IN O.S.NO.2258/2016 ON HIS FILE, WHICH IS HERE AT ANNEXURE-F AND TO ALLOW THE IA NO.VI AS FILED BY THE PETITIONER/DEFENDANT UNDER ORDER XIV RULE 5 READ WITH SECTION 151 CPC WHICH IS HERE AT ANNEXURE-D.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the defendant in an ejectment suit in O.S.No.2255/2016 is invoking the writ jurisdiction of this Court for assailing the orders dated 05.12.2017 and 20.1.2018 made by the learned LXVIII Additional City Civil Judge, whereby, his applications in I.A.Nos.4 & 6 for framing of an additional issue as to the authority of purported president and Secretary of the plaintiff Trust has been rejected.
2. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court declines to interfere in the matter since the petitioner has a remedy against the impugned order which he can avail under order XLIII Rule 1-A of CPC, 1908 if and when he suffers an adverse decree. Therefore, there is no immediate warrant for indulgence of this Court.
3. The observations in the impugned order that the Court may not go into the subject matter of the issue as to the authority of the concerned persons need not detain it from again looking into the same during the hearing of the Suit.
Accordingly, these Writ Petitions stand disposed off.
Sd/- JUDGE DS