IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.47311 OF 2014 (GM-CPC) BETWEEN:
SMT. T. KANRHTAMMA D/O LATE THIMMA REDDY AGED ABOUT 69 YEARS R/AT. DESHADAPETE SIDDLAGHATTA TOWN KOLAR DISTRICT.
NOW PRESENTLY R/AT. C/O. SMT. L. VIDYADARI RAILWAY QUARTERS No.279/B.M.G. COLONY BANGALORE-560026.
(By Mr. SUBBA SHASTRY N, ADV.) AND:
1. SMT. AMARAVATHAMMA W/O B.V. SANJEEVA REDDY AGED ABOUT 59 YEARS R/AT. CHOWKALLI VILLAGE … PETITIONER HAMLET OF GOPAHALLI, BIDADI HOBLI RAMANAGAR TALUK-562159 RAMANAGAR DISTRICT.
2. THE BANNYKUPPA GRAMA PANCHAYAT REP. BY ITS SECRETARY BANNIKUPPE VILLAGE BIDADI HOBLI RAMANAGAR TALUK-562159 RAMANAGAR DISTRICT.
… RESPONDENTS (R1 & R2 SERVED AND UNREPRESENTED) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to call for records pertaining to disposal of I.A.No.1 in RA 107/2010 pending appeal from the court of the Principal Senior Civil Judge & CJM Ramanagara and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Mr.Subba Shastry N., learned counsel for the petitioner.
Mr.Channabasavaradhya L.N., learned counsel for the respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 14.08.2014 passed by the Appellate Court by which application preferred by the petitioner under Order XXVI Rule 9 & 10 (a) r/w Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’ for short) has been rejected. When the matter was taken up today, learned counsel for the petitioner submitted that before the Trial Court the aforesaid application under Order XXVI Rule 9 & 10 (a) of the Code was made by the defendant-respondent and the petitioner did not resist the aforesaid prayer. However, the Trial Court had rejected the aforesaid application. It is further submitted that in the appeal the petitioner has already taken a ground and has challenged the aforesaid order, which is pending consideration. He therefore, submits that the petitioner be granted an opportunity to challenge the order of the Trial Court in an appeal pending before the Appellate Court and the Appellate Court be directed to decide the aforesaid ground without being influenced by the order dated 14.08.2014 passed by Principal Senior Civil Judge and Chief Judicial Magistrate Ramanagara.
4. In view of the aforesaid submission, the Writ Petition is disposed of with a liberty to the petitioner to raise the ground with regard to rejection of the application by order dated 14.08.2014 under order XXVI Rule 9 and 10(A) of the Code by the Trial Court and the Appellate Court shall decide the aforesaid issue without being influenced by the order dated 14.08.2014.
Accordingly, the Writ Petition is disposed of.
Sd/- JUDGE SS