Karnataka High Court
Attakalari Public Charitable Trust vs A Geetha Rao on 13 June, 2013
Author: K.Bhakthavatsala
Bench: K.Bhakthavatsala
1
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 13TH DAY OF JUNE 2013
BEFORE
THE HON'BLE Dr. JUSTICE K.BHAKTHAVATSALA
WRIT PETITION No.21960/2013 (GM-CPC)
BETWEEN :
ATTAKALARI PUBLIC CHARITABLE TRUST
A REGISTERED CHARITABLE TRUST
HAVING ITS PROJECT OFFICE AT
NO.24/04, H SIDDAIAH ROAD
WARD NO.62, HOMBEGOWDANAGAR
WILSON GARDEN,
BANGALORE 27
REPRESENTED BY
ITS MANAGING TRUSTEE
P.JAYACHANDRAN
AGE: 54 YEARS. ...PETITIONER
(By Sri.JAYNA KOTHARI, ADV.)
AND :
A GANESH RAO
D/O.LATE UMASHANKARA RAO,
MAJOR,
RESIDING AT NO.201,
2ND FLOOR, FALNIR ROAD,
MANGALORE-575 002. ...RESPONDENT
2
THIS PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET
ASIDE THE ORDER DT.8.3.2013 IN O.S.NO.5215/2011
PASSED BY THE LEARNED CITY CIVIL JUDGE VIDE ANNX-A
AND ALLOW I.A.NO.2 FOR FRAMING OF ADDITIONAL
ISSUES AS PRAYED FOR.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner who is defendant in O.S.No.5215/2011 on the file of XXV Addl. City Civil Judge, Bangalore city, is before this Court praying for quashing the Order dated 08.03.2013 passed on an application, at Annexure 'A' in the above said suit.
2. Learned counsel for the petitioner submits that the petitioner filed an application under Order XIV Rule 1 of CPC, praying the Trial Court to frame additional issues, but the Trial Court erred in rejecting the same.
3. Perused the impugned Order.
4. Trial Court has framed the necessary issues. The issues proposed by the defendant is unnecessary and 3 the trial Court is justified in rejecting the application to frame additional issues. I see no illegality or infirmity in the impugned Order.
5. In the result, Petition fails and the same is hereby rejected.
Sd/-
JUDGE bnv*