Karnataka High Court
Sri Vardhaman Sthanakwasi Jain Sangha vs R Parasmal Mandoth on 25 March, 2010
Author: Ravi Malimath
Bench: Ravi Malimath
IN THE HIGH COURT OF KARNATAKA, BANGALORE _ DATED THIS THE 25TH DAY OF MARCH 7010 BEFORE... THE HON'BLE MR. JUSTICE RAVI NALIMATH |. W.P.No.11867 OF 2009(GM-CPC) BETWEEN 1 S8RI VARDHAMAN STHANAFWAST. JAIN: SANGHA SRI GANESH BAGH, NO.9. an INFANTRY ROAD, BANGALORE- 51 REP BY ITS PRES? DENT. SRI M PARASMAL a Z SOHANLAL DEVDA S/O ALTE DULRAZ | . R/O NU. 63, SHIYAIT RAOD . BANGALORE - oa a 3 KC, "SHANTILAL: \KUAETA S/O ALTE CHAGANMAL: KHABIA R/O 13-A,; SHIVACI RAOD MBNGA.LORE-S1L 4 HEERALAL LUNAWAT - $¥O-LATE.MISRI LAJI LUNAWAT . R/O 1/1, MUNSHI AKBAR HUSSAIN ROAD _ BANGALORE "B6G. 051 MUNRNALAL DUNGARWAL _ 8/0 LATE DHANRAG ~ RYO NO.49, CHICKBAZAR ROAD BANGALORE-51 560051 on 6 JAWAHARLAL KATARIYA S/O LATE GHEESULAL KATARIAYA R/O NO.4, CHINNASWAMY MUDALIAR ROAD BANGALORE-51 o =x y < =z i 3 ihe o 7 o 2) < Q Bo : < z< [4 2 LL, ie) -
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PORE SRR BRE RN ee www owe MAUIATAAA TINT UVURI UF KAKNATAKA HIGH COURT OF KARNATAKA HIGH CE FILED BY THE PETTIIONERS/ DEFENDANTS UNDER (BY SRI. T.S.DEVAIAH, ADV. FOR LEXPLEXUS) iL oR PARASMAL MANDOTH _-- S/O LATE B.K. RAMLAL R/O NO.6, NEW NO.9 UNION STREET BANGALCRE-$1
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i 2 SECTION 151 OF CODE OF CIVIL PROCEDURE (ANNEX=&). ETC. a HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE . FOLLOWING: - a Be The raspondent filed g suit to direct the petitionars/defandants ta frame Mg schame for the proper managemenc and ~ administration of the defendant -- no. 1/petitioner ono. and for other reliefs. "the. Trial Court framed 9 issues. phareafter, "an ~ application was made by the petitionars. te treat the issue nos.i, 7 and 8 as . preliminary issiies. While framing the issues aven though it wa held that issues nos.1, 7 and 8 were treated as preliminary issues, on 8.9.2008, it was ordered that the suit be tried on all 2 issues. . "Aggrievad by the said order, an : application was filed under Section 151 of the ope seeking to recall the said order and 'requesting the Court to treat the issues 1, 7 and G as preliminary issues, in terms of the order passed by the very same Court. The application i WO ee BBG re et Oe 5 c é é be > c > ) ) c 2 c 2 c f ¢ 5 ) t ) } ) d 7 EE TAR LE er Oe PU Er whether the plaintiff£/defendant not is-a Trust, | whether the defendant nos.1 te 12 orove that defendant no.l is not a Trust and. whether the suit is not maintainable. The adjudication af the Said issuas would determine 'tha validity or otherwisa of tha claim of. tha suit evermants.
3. whe learned counsal for the responcents/defendants defends the impugned order and submits that when the case is posted for the consideration. of all issues, it would be "Lnappropriate to interfere with the said order.
4, Heard both sides.
5. Apparently, the Trial court having congiaerad that the issues 1, 7 and @ bs treated as preliminary issues, appears to have lost sight of the same, while passing the order on 30.3.2009. Therefore, prima facie, it would appear that the Court was not made aware of the erder dated 8.9.2008 bringing it t ERT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH GisiIKE OF RAKNALARA Mirth that the issues 1, 7 and 6 were to be treated as preliminary issues.
submits that the Trial Court was nisguidad by the direction issued by this court in, Miscellaneous First Appeal No.5038 of 2008 while disposing aff the connected issue arising out cf the said suit. Therefore, it is contended that apparently the diraction issued in the said Miscellaneous First Appeal was. isinterprecad while passing the impugned order: a
7. In view | of the order datad 9.9.2008, it would. be just) and appropriate that tha Trial ~ Court decides the issues 1,7 and 8 as preliminary igsues bcefore proceeding with the consideration oF other issues. The same is required for the > just and final adjudication of tha suit and in "order to bring down unnacessary suits being tried "ina Court of law.
¢. For tha aforesaid reasons, tha ordar dated 17.4.2009 passed by the XXVII Addl. City Civil dudge, Bangalore, is set aside. The RA Ae ae co PP Ne et er ERE er CRN e te tee EE LE PPR PS FE MT RARRERIARA PHATE Gr SE PUA EE eee application filed under Section 151 of CPC is allowed. Tha trial Court is directed to consider'.
thereafter consider the other issues if necessary, in accordance with law. --
8. Petition disposed off accordingly.
Be : - JUDGE Meu