Writ petition challenging an order denying leave to convert an injunction suit into a declaration suit. High Court dismissed the writ petition, observing that the alternative cause of action could be litigated in a separate suit.
Writ petition dismissed with direction to file a separate suit for declaration.
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, BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.801 OF 2021(GM-CPC)
BETWEEN:
SRI. ASHOK BABU G, S/O LATE GOPAL, AGED ABOUT 41 YEARS, R/AT NO.1, MUTTON STALL ROAD, NEW NUMBER 10/1, KRISHNAPPA ROAD, DODDAMAVALLI, BENGALURU-560 004.
...PETITIONER
(BY SRI. RAMESH KUMAR R V, ADVOCATE)
AND:
(RESPONDENT 2 AND 3 BEING MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SMT M JAYALAKSHMI) 1 TO 3 ARE R/AT NO.33, KANAKAPURA MAIN ROAD, TATA SILK FARM, BASAVANAGUDI, BENGALURU-560 004.
… RESPONDENTS
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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.11.2020 AT ANNEXURE-E PASSED ON I.A.NO.VI/2015, IN O.S.NO.41/2011, PENDING ON THE FILE OF THE HONBLE XLIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-45) THEREBY ALLOWING THE ABOVE SAID AMENDMENT APPLICATION.
THIS PETITION COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:-
ORDER
Petitioner being the plaintiff in an injunctive suit in O.S.No.41/2011 is knocking at the doors of Writ Court for assailing the order dated 30.11.2020 a copy whereof is at Annexure – E whereby the learned XLIV Additional City Civil Judge (CCH-45), Bengaluru, having rejected his application in IA No.VI/2015 filed under Order VI Rule 17 of CPC, 1908, has denied leave to convert the said suit into one for declaration.
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limitation, which aspect is a matter for treatment in the prospective suit; all contentions are otherwise kept open.
With the above observations, Writ Petition is disposed
off.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the High Court can quash an order denying leave to amend a civil suit to seek declaration based on alternative cause of action.
3 provisions across 2 enactments
Ashok Babu G
Layalakhmi
Baby S Gagana Alias Sparti
Baby S Bhuvana Alias Keerti
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
