IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RDDAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.33176/2019(GM-CPC) BETWEEN:
SRI. SRIPAL J SANGHVI S/O LATE J JESHTMAL, AGED ABOUT 57 YEARS, NO.5, RANGA RAO ROAD, CHAMARAJPET, BENGALURU-560018. … PETITIONER (BY SRI V.B. SHIVAKUMAR, ADVOCATE) AND:
1. SMT. JUMAR BAI W/O LATE J JESHTMAL, AGED ABOUT 82 YEARS, NO.5, RANGA RAO ROAD, CHAMARAJPET, BENGALURU-560018.
2. SMT. JAYA W/O AMRITJI JAIN, AGED ABOUT 57 YEARS, NO.47/2, 2ND FLOOR, H.B.SAMAJA ROAD, BASAVANAGUDI, BENGALURU-560004.
3. SRI. BHARAT S/O LATE J. JESHTMAL, AGED ABOUT 50 YEARS, NO. 8578, ETHANGLEN TERRACE, JEEKOONILLE, FLORIDA, U.S.A.-32256.
4. SMT. JAYAVANTHI W/O CHANDRAKANTJI SANGHVI, AGED ABOUT 63 YEARS, FLAT NO.302, RAJALAKSHMI COOPERATIVE HOUSING SOCIEITY MARKET YARD, POONA-411037, MAHARASHTRA STATE.
5. SMT. ASHA GANDHI W/O PRAKASHJI GANDHI, AGED ABOUT 60 YEARS, MEDAL NIVAS, NO.125/1, SURVEYOR STREET, BASAVANAGUDI, BENGALURU-560004.
6. SMT. REKHA W/O ANILIJI JAIN, AGED ABOUT 53 YEARS, FLAT NO.7/4, 4TH FLOOR, TWINKLE STAR CO-OPERATIVE HOUSING SOCIETY, GHATLA MARG, CHEMBUR, MUMBAI-400071. ….RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17.07.2019 ON I.A.NO.18 FILED UNDER ORDER XVIII RULE 17 OF THE CODE OF CIVIL PROCEDURE IN O.S.NO.7291/2007, AT ANNEXURE-A ON THE FILE OF THE CITY CIVIL JUDGE AT BENGALURU BY ALLOWING THE ABOVE WRIT PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the defendant in a partition suit in O.S.No.7291/2007 is invoking the writ jurisdiction of this Court for assailing the order dated 17.07.2019 a copy whereof is at Annexure-A, whereby the learned XXXIV Additional City Civil Judge, Bengaluru, having allowed plaintiff’s application filed under order XVIII Rule 17 of CPC, 1908 has reopened the case for the cross-examination of DW-2.
2. Having heard the learned counsel for the petitioner and having perused the writ petition papers, this Court declines grant indulgence in the matter because the amount of likely & arguable prejudice emanating from the impugned order is insufficient for granting relief to the petitioner; in this partition suit validity of a testament dated 12.01.1993 is in question; ordinarily in such cases, the parties have larger latitude in the matter of prosecuting their cases.
3. The second reason for not interfering in this matter is that the impugned order is a product of exercise of discretion and such orders are ordinarily not susceptible to deeper judicial scrutiny at the hands of Writ Court under Article 227 of the Constitution of India, has held by the Apex Court in the case of TRIMBAK GANGANDHAR TELANG & OTHERS Vs. RAMCAHNDRA GANESH BIDE, AIR 1977 SC 1222.
In the above circumstances, the writ petition being devoid of merits, is rejected in limine.
Sd/- JUDGE KTY