IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.46538 OF 2019 (GM-CPC) BETWEEN:
SRI. RAFEEQ AHMED, AGED ABOUT 56 YEARS, S/O LATE ABDUL JABBAR, R/A GARGESHWARI VILLAGE, KASABA HOBLI, T NARASIPURA TALUK, MYSURU DISTRICT-571110, REPRESENTED BY GPA HOLDER SRI KHALEEL AHMED, AGED ABOUT 69 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED) S/O LATE ABDUL JABBAR, R/AT GARGESHWARI VILLAGE, KASABA HOBLI, T NARASIPURA TLAUK, MYSURU DISTRICT-571110. ...PETITIONER (BY SRI P NATARAJU, ADVOCATE) AND:
1. SMT. DILSHAD, AGED ABOUT 68 YEARS, W/O LATE NOORUL HUSSAIN, 2. SRI NAJMUL HUSSAIN ABUBEKAR, AGED ABOUT 53 YEARS, S/O LATE NOORUL HUSSAIN, 3. SRI UMAR TAHIR HUSSAIN, AGED ABOUT 50 YEARS, S/O LATE NOORUL HUSSAIN, 4. SRI ALI ARSHAD HUSSAIN, AGED ABOUT 48 YEARS, S/O LATE NOORUL HUSSAIN, RESPONDENTS NO.1 TO 4 ARE R/AT GARGESHWARI VILLAGE, KASABA HOBLI, T NARASIPURA TALUK, MYSURU DISTRICT-571110. …RESPONDENTS ***** THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED ADDL. CIVIL JUDGE JR.DN AND JMFC AT T.NARASIPURA IN O.S.NO.146/2011 ON I.A.NO.12, DATED 26.08.2019 VIDE ANNEXURE – E.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. The petitioner being the defendant in a declaration suit in O.S. No.146/2011 is invoking the writ jurisdiction of this Court for assailing the order dated 26.08.2019, a copy whereof is at Annexure-‘E’, whereby the respondents-plaintiffs’ application filed under Order VI Rule 17 read with section 151 of the Code of Civil Procedure, 1908, having been favoured, leave is granted by the learned trial Judge for amending the plaint.
3. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court does not grant indulgence in the matter, since the petitioner has a deferred remedy under Section 105 read with Rule 10(A) of the amended Code, in the sense, that he can make the impugned order a ground for challenging the decree, if and when made against his interest.
4. With the above observation, the writ petition is disposed off, having left open the grounds and remedies.
Sd/- JUDGE SJ