IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER 2021

BEFORE

THE HON9BLE MR. JUSTICE B. M. SHYAM PRASAD

WRIT PETITION NO.18461/2021 (GM-CPC)

BETWEEN :

1.

SRI VENKATESH G

S/O GANGAPPA

AGED ABOUT 43 YEARS,

2.

SMT LAKSHMAMMA

W/O GANGAPPA

AGED ABOUT 65 YEARS,

BOTH ARE RESIDING AT

SRIRAMPURA VLLAGE

YELAHANKA HOBLI

BANGALORE NORTH TALUK

BENGALURU 3 560 032.

... PETITIONERS

(BY SRI. NARAYANA SWAMY P. M., ADVOCATE)

AND :

1.

SRI B G CHANNAPPA

S/O GURUSIDDAPPA

AGED ABOUT 67 YEARS

R/AT NO.135/A -35

9^TH MAIN, RMV EXTENSION

SADASHIVANGAR

BENGALURU - 560 080.

2

2.

SRI SUBRAMANI @ SUBBANNA

S/O LATE RAMAIAH

AGED ABOUT 59 YEARS

R/AT SRIRAMPURA VILLAGE

YELAHANKA HOBLI

BANALORE NORTH TALUK

BENGALURU 3 560 080.

... RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLE 227

OF THE CONSTITUTION OF INDIA PRAYING TO QUASH

THE

IMPUGNED

ORDER

AT

ANNEXURE-A

DATED

15.9.2021 ON IA U/S 151 OF CPC IN O.S.NO.115/2017

PASSED BY THE CITY CIVIL JUDGE AND SESSION JUDGE

AT BENGALURU; CONSEQUENTLY ALLOW THE IA U/S 151

OF CPC FILED BY THE PETITIONERS IN O.S.NO.115/2017

PENDING ON THE FILE OF THE CITY CIVIL JUDGE AND

SESSION JUDGE AT BENGALURU.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING,

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:-

O R D E R

The petitioners, who are the Defendant Nos.2 and

3 in O.S. No.115/2017 on the file of the V Additional

City Civil and Sessions Judge, Bengaluru [for short, 'the

civil Court'], have filed this petition impugning the civil

Court's order dated 15.09.2021. The civil Court's order

dated 15.09.2021 reads as under:

3

"As per modified SOP of our Hon'ble High

Court dated 28.08.2021 above numbered case

has been listed in the morning session.

Case called out in the open court.

Defendant No.2 present and submits he has

filed an application U/Sec. 151 of CPC to

dismiss the suit in the office filing counter if

plaintiff fails to adduce evidence today. Perused

the same. Copy served.

Counsel for plaintiff present and submits

he is ready to adduce evidence today itself. So

considering the facts and submission above

numbered application U/Sec. 151 of CPC stands

rejected as does not survive for consideration.

PW1 entered into witness box and filed

affidavit in lieu of oral evidence. Partly

examined as PW1 and got marked Ex.P1 to D9.

For further examination in chief of PW.1,

call on 25.10.2021."

4

This Court is not persuaded to opine that the civil

Court has not erred in rejecting the petitioners'

application under Section 151 of CPC for dismissal of

the suit when the petitioners' request was contingent

upon the respondents failing to lead evidence and the

respondents have let in evidence on the same day. As

such, the petition stands rejected.

SD/-

JUDGE

AN/-