This Court dismissed a writ petition filed by defendants challenging an order dismissing their application to add an additional issue regarding pecuniary jurisdiction. The Court held that no exception could be taken to the trial judge's order.
Petition dismissed with no costs.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.12184 OF 2021 (GM-CPC)
BETWEEN :
ALL ARE RESIDING AT NO.190 ADHARSHA CONVENT ROAD K.H.B COLONY, NES EXTENSION MALAVALLI, MANDYA DISTRICT-571 430
…PETITIONERS
(BY SHRI. H.B. CHANDRASHEKAR, ADVOCATE)
AND :
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BOTH ARE R/AT THIMMEGOWDARA VATARA, INDIRA NAGAR S.KARIYAPPA ROAD KANAKAPURA TOWN KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117 …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 19.04.2021 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC AT MALAVALLI IN O.S.NO.156/2009 PRODUCED AT ANNEXURE-J AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners are defendants No.1(a) to (c) in
O.S.No.156/2009 on the file of Principal Civil Judge & JMFC, Malavalli. Suit is for declaration and possession. Petitioners have filed application under Order XIV Rule 5 read with Seciton 151 of CPC to frame additional issue with regard to pecuniary jurisdiction and the same has been dismissed. Hence, this writ petition.
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W.P.No.3044/2021. This Court vide order dated 24.03.2021
has disposed of the said petition reserving liberty to the petitioners to file application under Order XIV Rule 5 of CPC and the petitioners have accordingly filed the same. He submitted that the valuation goes to the root of the matter. Trial Court ought to have considered the application.
for the petitioners and perused the records.
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Court exercising jurisdiction under Article 227 of the Constitution of India. Resultantly, this writ petition fails and it is accordingly
dismissed .
No costs.
Sd/JUDGE
AV
2 issues framed by the court
Whether the learned Trial Judge erred in dismissing the application to add an issue regarding pecuniary jurisdiction under Order XIV Rule 5 read with Section 151 of CPC.
Whether the trial court exercised jurisdiction under Article 227 of the Constitution of India in dismissing the application at the stage of cross-examination.
3 provisions across 2 enactments
SMT. P. YASHODA
SMT. M.B. SHILPASHREE
M.B. KISHORKUMAR
SMT.S. SUCHITRA
SMT. SUPRIYA M.S.
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
