IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.3992/2018 (GM-CPC) BETWEEN:
M/S. VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., NO.35, RATHNAVILASA ROAD, BASAVANAGUDI, BENGALURU-560 004.
(BY SRI. H S CHANDRASHEKAR, ADVOCATE) AND:
SRI. B. K. PARTHASARATHY, AGED ABOUT 55 YEARS, S/O. SRI. B. KRISHNA BHAT, RESIDING AT NO.2/1, J. P. ROAD, 1ST PHASE, GIRINAGAR, …PETITIONER BENGALURU-560 085. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER DTD:16.12.2017 PASSED BY THE LEARNED VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE [CCH-15] BENGALURU IN O.S.NO.2060/2012 ON THE PRELIMINARY ISSUE WHICH IS PRODUCED AT ANNEXURE-P TO THE WRIT PETITION ADDITIONAL ISSUES FURNISHED AT ANENXURE-J.AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The impugned order relates to a decision on the fourth additional issue which is treated as preliminary issue relating to true valuation of subject of matter of suit and payment of Court fee.
2. This order can be a ground under Order XLIII Rule 1-A read with Section 105 of CPC 1908, if and when an adverse decree is suffered by the petitioner.
3. To dispel, the apprehension of the petitioner that the observations in the impugned order may cast their shadow on the on-going trial of the suit any observations made therein, shall not in any way influence the trial and decision making in the suit.
Writ Petition is disposed off accordingly.
Sd/- JUDGE DS