Karnataka High Court
Sri. Soma vs Puttaswamy Gowda @ Motegowda on 3 October, 2018
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WP No.34433/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER 2018
BEFORE
THE HON'BLE MR. JUSTICE H.G.RAMESH
WRIT PETITION NO.34433/2018 (GM-CPC)
BETWEEN:
SRI SOMA
S/O PUTTASWAMEGOWDA @
MOTEGOWDA
AGED ABOUT 47 YEARS
R/AT BEHIND MARIGUDI TEMPLE
NAGANAHALLI, KASABA HOBLI
MYSURU - 570 001 ... PETITIONER
(BY SRI P.N.MANMOHAN, ADVOCATE)
AND:
PUTTASWAMY GOWDA @
MOTEGOWDA
SINCE DEAD BY HIS LRs
1. SMT. JAYAMMA @
JAYALAKSHMAMMA
AGED ABOUT 66 YEARS
W/O NARASEGOWDA
D/O PUTTASWAMEGOWDA
@ MOTEGOWDA
2. SMT. KAMALAMMA
AGED ABOUT 64 YEARS
W/O N.D.SHIVARAMU
D/O PUTTASWAMEGOWDA
@ MOTEGOWDA
R1 AND R2 ARE R/AT
BEHIND MARIGUDI TEMPLE
NAGANAHALLI
KASABA HOBLI
MYSURU - 570 001
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WP No.34433/2018
3. SMT. VISHALAKSHI
AGED ABOUT 62 YEARS
W/O THIMMARAJU @ NATHAPPA
D/O PUTTASWAMEGOWDA @
MOTEGOWDA
R/AT LAKSHMIPURA
NAGANAHALLI POST
KASABA HOBLI
MYSURU TALUK - 570 001
4. SMT. JAMUNA
W/O SHIVANNA
AGED ABOUT 60 YEARS
D/O PUTTASWAMEGOWDA
@ MOTEGOWDA
R/AT NO.16, MADYADA GARADI BEEDHI
KUMBARAKOPPALU, MYSURU - 570 001
5. SMT. ROHINI
W/O MADEGOWDA @ HATTI MADEGOWDA
AGED ABOUT 58 YEARS
D/O PUTTASWAMEGOWDA
MOTEGOWDA
R/AT HOMBARAGALLI
HAMPAPURA, H.D.KOTE TALUK
MYSURU - 570 001
6. SMT. VEDAVATHI
W/O NINGEGOWDA
AGED ABOUT 56 YEARS
D/O PUTTASWAMEGOWDA @
MOTEGOWDA
R/AT PALAHALLI GRAMA
SRIRANGAPATNA TALUK
BELAGOLA HOBLI, MANDYA - 571 101
7. SRI P.KRISHNA
AGED ABOUT 54 YEARS
S/O PUTTASWAMEGOWDA @
MOTEGOWDA
8. SRI NARASIMHAMURTHY
AGED ABOUT 52 YEARS
S/O PUTTASWAMEGOWDA @
MOTEGOWDA
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WP No.34433/2018
R7 AND R8 ARE R/AT
NAGANAHALLI, KASABA HOBLI
MYSORE TALUK - 570 001
9. HAMSA
D/O SOMA @ SOMASHEKAR
AGED ABOUT 17 YEARS
SINCE MINOR REPRESENTED BY
HER NATURAL GUARDIAN MOTHER
SMT. H.M.ANITHA
W/O SOMA @ SOMASHEKAR
AGED ABOUT 36 YEARS
R/AT NO.69, 2ND MAIN
KANDAYANAGAR, 1ST STAGE
SRIRAMPURA, II STAGE
MYSURU - 570 001 ... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DATED 22.06.2018 (ANNEXURE-F) PASSED BY THE
COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM,
MYSURU ON IA NO. XIII IN O.S.NO.822/2011.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
H.G.RAMESH, J. (Oral):
1. This writ petition is by the plaintiff and is directed against an interlocutory order dated 22.06.2018 passed by the trial Court whereby the trial Court has dismissed the application (IA No.XIII) filed under Order VI Rule 17 of CPC for amendment of the plaint in the suit in O.S.No.822/2011.
2. Admittedly, the aforesaid application was filed after commencement of the trial in the suit. Perused the -4- WP No.34433/2018 reasoning of the trial Court at para 10 of the impugned order.
3. I have examined the matter in the light of the law laid down by the Supreme Court in Raj Kumar Bhatia v.
Subhash Chander Bhatia [(2018) 2 SCC 87] relating to exercise of supervisory jurisdiction of High Courts under Article 227 of the Constitution of India. It is relevant to refer to the following observation made therein:
"12. .............................................................................. In Sadhana Lodh v. National Insurance Co. Ltd., this Court has held that the supervisory jurisdiction conferred on the High Court under Article 227 is confined only to see whether an inferior court or tribunal has proceeded within the parameters of its jurisdiction. ......................................................................................................."
4. In my opinion, this is not a fit case to warrant interference under the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. The writ petition is accordingly dismissed.
Petition dismissed.
Sd/-
JUDGE KSR