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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Srinivasa Trust – Appellant
Versus
D.A. Thejeshwari W/o K.M. Srinivasa Murthy – Respondent
ORDER :
1. The petitioners/plaintiffs 1 and 2 are before this Court calling in question an order dated 07-04-2025 passed by the I Additional City Civil and Sessions Judge, Bengaluru in O.S.No.1453 of 2024 rejecting an application filed by the plaintiffs under Order 14 Rule 5(1) & (2) of the CPC seeking recast of issues framed on 20-11-2024, by the issues proposed in the application as additional issues and deleting issues 4 and 5 originally framed.
2. Facts, in brief, germane are as follows: -
The 1st petitioner-M/s Srinivasa Trust (‘the Trust’ for short) which is a Trust registered under the provisions of the Indian Trusts Act, 1882 is said to be running multiple educational institutions including Vydehi Institute of Medical Sciences and Research Centre.
The issue revolves round the suit schedule property. On 30-05-2000 the suit schedule property is purchased by the 1st respondent in terms of a registered sale deed. The 1st respondent is said to have entered into an agreement of sale on 13-03-2023 with the Trust in respect of the suit schedule property for a total consideration of Rs. 80/- crores. Pursuant to the sale agreement, the 2nd petitioner being the Managing Trustee of the Tru
The court emphasized the necessity of framing appropriate issues under the CPC to ensure a fair trial in cases of specific performance and possession claims.
Omission to frame an issue would not vitiate the trial if the parties were aware of the issue and led evidence on it.
It is better that the members of the bar shall file draft issues before framing of issues by the Courts and filing of draft issues before framing of issues by the Courts, will assist the trial Court ....
Under Order XIV Rules 1 and 5 of CPC, it is mandatory for the trial court to frame all issues arising in the suit before considering preliminary issues.
The appellate court's power to remand a case for retrial is not uncanalized or unbridled, and an unjustified remand without recording a finding that the appellate court was not equipped to finally de....
An order remanding a proceeding may ordinarily be made under Order XLI Rule 23 of the Code of Civil Procedure when the Trial Court has decided the case on a preliminary point and the Appellate Court ....
Existing legal issues sufficiently addressed the matter in controversy, making the request for additional issues unnecessary and delaying proceedings.
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