IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.13160 OF 2015 (GM-CPC) BETWEEN:
SMT T R SATHYAVATHI D/O T.H. RAMESH W/O DR. KIRAN KUMAR AGED ABOUT 27 YEARS DAKSHA DENTAL CLINLIC, UPPARAHALLI CIRCLE, UPPARAHALLI ROAD, TUMKUR-572102 … PETITIONER (BY SRI G. RAVISHANKAR, ADVOCATE) AND:
1. SRI T H RAMESH S/O LATE T.H. HANUMANTHARAYAPPA AGED ABOUT 59 YEARS R/AT THOVINAKERE VILLAGE, KORATAGERE TALUK TUMKUR DISTRICT-572138 2. T.R.ANJAN S/O SRI. T.H. RAMESH AGED ABOUT 24 YEARS BOTH ARE R/AT THOVINAKERE VILLAGE, KORATAGERE TALUK TUMKUR DISTRICT-572138 3. SRI.G.H. THIMMAIAH S/O LATE G.HANUMANTHAIAH AGED ABOUT 70 YEARS R/AT NO.3953,3RD MAIN, 17TH D CROSS, B.S.K. II STAGE, BANGALORE-70 … RESPONDENTS (BY SRI J.M.RAVI KUMAR, ADVOCATE FOR R1 & R2; SRI. B.C. SEETHARAMARAO, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.2318/2009 ON THE FILE OF THE LEARNED XXXVIII ADDITIONAL CITY CIVIL JUDGE, BANGALORE (C.C.H.NO.39), BANGALORE, AND EXAMINE THE LEGALITY, PROPRIETY AND CORRECTNESS AND SET-ASIDE THE ORDER DTD 28.11.2014, PASSED BY THE LEARNED CITY CIVIL JUDGE BANGALORE ON ISSUE NO.4.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The impugned order which is put to challenge in this writ petition can be a ground for challenging the decree if & when made in O.S.No.2318/2009, adverse to their interest as provided under Order XLIII Rule 1A read with Section 105 of CPC, 1908.
It is submitted by the learned counsel for respondent No.3 that already an appeal is filed in RFA.No.312/2016 and he has no objection for the impugned order being urged as a ground in the same.
In the above circumstance and with the observation, the writ petition is disposed off and I.A.No.1/2016 pales into insignificance.
No costs.
Sd/- JUDGE KTY