IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.51836 OF 2019 (GM-CPC) BETWEEN:
1 . SMT. UMA S.M.
w/o LATE K SRIRAMA REDDY, AGED ABOUT 32 YEARS, 2 . KALYAN S/O LATE K SRIRAMA REDDY, AGED ABOUT 17 YEARS, 11 MONTHS, 3 . RUCHITA, D/O LATE K.SRIRAMA REDDY, AGED ABOUT 15 YEARS, SINCE THE PETITIONER NO.2 & 3 ARE MINORS REPRESENTED BY THEIR MOTHER/NATURAL GUARDIAN, SMT. UMA S.M., ALL ARE RESIDING AT, AGALAGURKI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT – 562 101.
(BY SRI. RAGHAVENDRA.K, ADVOCATE) AND:
1 . SRI. S.C. MUNIRAJU S/O. CHIKKASUBBAIAH, AGED ABOUT 61 YEARS, R/AT SURADEVANAPURA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 560 088.
... PETITIONERS 2 . SMT. VENKATALAKSHMAMMA, W/O LATE KRISHNAPPA, AGED ABOUT 58 YEARS, 3 . SRI. K.MANJUNATHA, S/O LATE A.N.KRISHNAPPA, AGED ABOUT 32 YEARS, 4 . SRI. RAGHAVENDRA.K, S/O LATE N KRISHNAPPA, AGED ABOUT 30 YEARS, RESPONDENT NOS.2, 3 & 4 ARE RESIDING AT AGALAGURKI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT – 562 101.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY THE LEARNED 2ND ADDL. SENIOR CIVIL JUDGE AND JMFC AT CHIKKABALLAPUR ON THE FILE OF O.S.NO.51/2018 IN ORDER DATED 13.11.2019 ANNEXURE-A IN RESPECT OF I.A.NO.6, U/O VI RULE 17 R/W SECTION 151 OF CPC AND CONSEQUENTLY ALLOW THE I.A.NO.6 AS PRAYED FOR IN ITS ENTIRETY; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the defendants in a money suit are invoking the writ jurisdiction of this Court for assailing the order dated 13.11.2019, a copy whereof is at Annexure-A, whereby their application filed under Order VI Rule 17 r/w Section 151 of CPC, 1908, having been rejected, the learned II Additional Senior Judge has denied leave to amend the Written Statement.
2. Having heard the learned counsel for the petitioners and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as the point as to limitation which arguably hits the suit can be tried as preliminary issue if and when the application in that regard is made by the petitioners regardless of absence of plea as to limitation in their Written Statement.
The writ petition is disposed off with the above observations.
Sd/- JUDGE DS