The High Court of Karnataka rejected a writ petition filed under Articles 226 and 227 of the Constitution. The petitioners challenged the trial court's refusal to treat the limitation issue as a preliminary question in a civil suit.
Petition rejected; no interference with the impugned order of the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF JANUARY, 2020
BEFORE
THE HON’BLE MR.JUSTICE S.G. PANDIT
WRIT PETITION NO.103548/2020 (GM-CPC)
BETWEEN
2
... PETITIONERS
(BY SRI.G B NAIK & SMT.P G NAIK, ADVOCATES)
AND
SMT.VIDYASHRI W/O. IRAPPA MUNYAL AGE : 26 YEARS, OCC : AGRICULTUR & HOUSEHOLD, R/O : GAVIMATH MUDALAGI, 591312 TQ : MUDALAGI, DIST : BELAGAVI
... RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO SET ASIDE THE IMPUGNED ORDER ON IA NO.6 DATED 2-12-2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, GOKAK IN OS NO.19/2019 AT ANNEXURE 'G' REJECTING TO CONSIDER TO HEAR THE ISSUE NO.4 AS PRELIMINARY ISSUE AND ALLOW THE IA NO.6 AT ANNEXURE 'E' BY ALLOWING THIS WRIT PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
The petitioners/defendants in O.S.
No.19/2019 on the file of the Prl. Senior Civil Judge, Gokak are before this Court under Article 227 of the Constitution of India aggrieved by the order dated 02.12.2019 on I.A.No.6 insofar as refusing to consider issue No.4 with regard to limitation as preliminary issue.
petitioners.
4
“Whether defendant-1 proves that, suit is barred by limitation as contended in para-13 of his written statement?”
The above issue relates to limitation. The question of limitation is a mixed question of law and fact which needs evidence. The issue with regard to limitation be tried along with all other issues. No ground is made out to interfere with the impugned order under Article 227 of the Constitution of India.
rejected.
Sd/JUDGE
Sh
1 issue framed by the court
Whether the High Court can interfere under Article 227 when the trial court correctly refused to treat limitation as a preliminary issue.
2 provisions across 1 enactments
Shri. Appasab S/O. Bhimappa Dhavaleshwar and others
Smt. Vidyashri W/O. Irappa Munyal
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
