IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2017 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.16727/2017 (GM-CPC) BETWEEN:
1. SRI P.ESHWARA RAO S/O LATE A.PANDURANGA RAO AGED ABOUT 84 YEARS 2. SRI P.VITTAL RAO S/O LATE A.PANDURANGA RAO AGED ABOUT 59 YEARS BOTH ARE RESIDING AT R/O NO.73, RAMAIAH LAYOUT 49TH CROSS ST.THOMAS TOWN (POST) KAMBADAHALLI MAIN ROAD BANGALORE – 560 084 ... PETITIONERS (BY SRI G.S.BALAGANGADHAR, ADVOCATE) AND:
1. SRI K.KOLLARAPPA S/O B.K.KOLLARAPPA AGED ABOUT 45 YEARS RESIDENT OF JYOTHI NAGARA SIRA TOWN, TUMKUR DISTRICT – 572 131 2. SRI ERAABOVI S/O HANUMANTHABOVI AGED ABOUT 79 YEARS RESIDENT OF MUDIGERE VILLAGE KASABA HOBLI SIRA TALUK TUMKUR DISTRICT – 572 131 3. SRI MARABOVI S/O ERABOVI AGED ABOUT 54 YEARS RESIDENT OF MUDIGERE VILLAGE KASABA HOBLI, SIRA TALUK TUMKUR DISTRICT-572 131 4. SRI THIMMABOVI S/O ERABOVI AGED ABOUT 35 YEARS RESIDENT OF MUDIGERE VILLAGE KASABA HOBLI SIRA TALUK, TUMKUR DISTRICT – 572 131 5. SMT. SUNDRAMMA W/O LATE M.ASHWATH RAO D/O LATE P.PANDURANGA RAO AGED ABOUT 40 YEARS R/O NO.73, RAMAIAH LAYOUT 49TH CROSS, ST. THOMAS TOWN(POST) KAMBADAHALLI MAIN ROAD BANGALORE – 560 084 6. SMT. SULOCHANAMMA W/O K.THIPPOJI RAO D/O LATE P.PANDURANGA RAO AGED ABOUT 65 YEARS RESIDING AT KUKKADESHWARI NILAYA, 2ND CROSS VIDYA NAGARA SHIVAMOGGA – 577 022 7. SMT. BHARATH MATHA W/O DWARAKANATHA RAO D/O LATE A.PANDURANGA RAO AGED ABOUT 55 YEARS R/O NO.73, RAMAIAH LAYOUT 49TH CROSS, ST. THOMAS TOWN (POST) KAMBADAHALLI MAIN ROAD BANGALORE-560 084 8. SMT. PARVATHI BAI W/O SHAM RAO D/O LATE S.KRISHNOJI RAO AGED ABOUT 53 YEARS RESIDENT OF TOVINAKERE TUMKUR TALUK – 572 131 9. SMT. LALITHA BAI W/O BABU RAO AGED ABOUT 50 YEARS OCC: TAILOR R/O BUKKAPATTANA BANGALORE – 560 084 10. SRI NANJUNDA RAO S/O LATE BABU RAO R/O BUKKAPATTANA SIRA TALUK TUMKUR DISTRICT 11. SMT. PARVATHAMMA W/O LATE SHIVAJI RAO AGED ABOUT 71 YEARS OCC: TAILOR R/O HULIYAR TOWN C.N.HALLI TALUK 12. SMT. PREMA BAI W/O RAGAVENDRA RAO D/O LATE S.KRISHNOJI RAO AGED ABOUT 68 YEARS R/O BUKKAPATTANA SIRA TALUK TUMKUR DISTRICT – 572 131 13. SMT. RUKKU BAI @ SMT. VIJAYALAXMI W/O DURGOJI RAO D/O LATE S.KRISHNOJI RAO AGED ABOUT 66 YEARS R/O GOLLAHALLI ARASIKERE HASSAN DISTRICT – 572 131 14. SMT. GUNAMMA W/O ANANDHA RAO D/O LATE S.KRISHNOJI RAO AGED ABOUT 56 YEARS RESIDENT OF MARALUR GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT – 560 094 15. SMT. NANJU BAI W/O LATE NANJUNDA RAO D/O LATE S.KRISHNOJI RAO AGED ABOUT 66 YEARS RESIDENT OF TOVINAKERE TUMKUR TALUK TUMKUR DISTRICT – 572 131 16. SMT. VANAJAKSHI W/O T.K.NARASINGA RAO D/O LATE S.KRISHNOJI RAO AGED ABOUT 50 YEARS RESIDENT OF TOVINAKERE TUMKUR TALUK TUMKUR DISTRICT – 572 131 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.01.2017 PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC AT SIRA ON I.A. IN O.S.NO.294/2009 VIDE ANNEXURE-E AS THE SAME IS PERVERSE, CAPRICIOUS AND IS LIABLE TO BE SET ASIDE ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
1. Heard. This writ petition is by the plaintiffs and is directed against an interlocutory order dated 13.1.2017 whereby the trial court has allowed the application filed by defendant no.1 under Order 6 Rule 17 of CPC to amend his written statement in the suit in O.S.No.294/2009. By the impugned order, the trial court has permitted the following to be added to the written statement:
“The suit is not properly valued and this Hon’ble Court has no pecuniary jurisdiction to try this suit.”
2. In my opinion, this is not a fit case to warrant interference under the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India.
3. However, the petitioners are at liberty to challenge the order impugned herein as provided under Section 105 of CPC in the event of their preferring an appeal against the judgment and decree to be passed in the suit.
Petition disposed of.
hkh.
Sd/- JUDGE