IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14117 OF 2015 (GM-CPC) BETWEEN:
1. VENKATAGANGAIAH @ THAMMAIAH S/O LATE PAPABOVI AGED ABOUT 64 YEARS.
2. SMT. HANUMAKKA W/O LATE KARIYAPPA (DIED ISSUES LESS).
3. SMT. GANGAMMA W/O LATE KARIYAPPA AGED ABOUT 63 YEARS.
ALL ARE R/O: HUCHAVEERAIAHNAPALYA VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT 582111.
4. GANGAMMA D/O LATE PAPABOVI @ THIRUMALAIAH AGED ABOUT 80 YEARS R/AT. THOTANAHALLI THYAMAGONDLU HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT 582111.
… PETITIONERS (By Mr. MANJUNATH M.N. ADV., FOR P1, P3 & P4 (ABSENT)) AND:
SMT. SIDDAGANGAMMA W/O LATE RAMAIAH AGED ABOUT 72 YEARS R/AT. RAMANAGARA COLONY R/O HUCHAVEERAIAHNAPALYA VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT 582111.
(By Mr. RAHUL RAI K, ADV.) - - -
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 9.3.2015 PASSED ON I.A.NO.6 FILED BY THE PETITIONERS UNDER ORDER 7 RULE 11(D) OF CPC IN O.S. NO.95/2006 PASSED BY THE CIVIL JUDGE & JMFC, NELAMANGALA VIDE ANN-A AND CONSEQUENTLY ALLOW THE SAID APPLICATION IA NO.6 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner Mr.Rahul Rai, learned counsel for the respondent.
Heard.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 09.03.2015 by which application filed by the petitioner under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’ for short) has been dismissed.
3. When the matter is taken up today, learned counsel for the respondent submitted that the suit is now fixed for recording of the evidence of the plaintiff. Therefore, at this stage, I am not inclined to interfere with the impugned order in exercise of powers under Article 227 of the Constitution of India, which otherwise is discretionary in nature.
Accordingly, the petition is disposed of with a direction to the Trial Court to conclude the proceedings in the suit.
Sd/- JUDGE SS