In the High Court of Karnataka Circuit Bench at Dharwad
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: 1 : IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD Dated this the 12 th day of December, 2012 Before THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS WP NO 72642 OF 2012(GM-CPC) BETWEEN 1. LAXMI BHARMA DHUDUM AGE: 72 YEARS, OCC: HOUSEHOLD WORK R/O.H.NO. 4417, CHAVAT GALLI, BELGAUM TQ & DIST: BELGAUM 2. KAMALADEVI YASHAWANT PATIL AGE: 68 YEARS, OCC: HOUSEHOLD WORK R/AT: SONOLI, POST: BELGUNDI, TQ & DIST: BELGAUM 3. BHARATI PEERAJI MUTAKEKAR AGE: 65 YEARS, OCC: HOUSEHOLD WORK R/O. IST CROSS, BHAGYA NAGAR, MATRU CHAYA TQ & DIST: BELGAUM 4. SHANA DATTU SHAHAPURKAR AGE: 62 YEARS, OCC: HOUSEHOLD WORK R/O AT POST: BELGUNDI TQ & DIST: BELGAUM : 2 : 5. UMESH GOPAL PAWASKAR AGE: MAJOR, OCC: AGRICULTURE R/O AT POST: BELGUNDI TQ & DIST: BELGAUM ... PETITIONERS (By Sri : MALLIKARJUNSWAMY B HIREMATH, ADV. ) AND 1. SMT.NISHIGANDA MARUTIRAO PAWASKAR AGE: 50 YEARS, OCC: HOUSEHOLD WORK R/O. AT POST: BELGUNDI TQ & DIST: BELGAUM 2. SHARADA BHARMA PAWASKAR AGE: 45 YEARS, OCC: HOUSEHOLD WORK R/O. AT POST: BELGUNDI, TQ & DIST: BELGAUM 3. ANJANA MAHADEV PAWASKAR AGE: 50 YEARS, OCC: AGRICULTURE R/O. AT POST: BELGUNDI TQ & DIST: BELGAUM 4. MARUTIRAO KRISHNA PAWASKAR AGE: 65 YEARS, OCC: AGRICULTURE R/O. AT POST: BELGUNDI TQ & DIST: BELGAUM 5. MAHADEV KRISHNA PAWASKAR AGE: 61 YEARS, OCC: AGRICULTURE R/O. AT POST: BELGUNDI TQ & DIST: BELGAUM : 3 : 6. BHARMA KRISHNA PAWASKAR AGE: 58 YEARS, OCC: AGRICULTURE R/O. AT POST: BELGUNDI TQ & DIST: BELGAUM 7. SADANAND KRISHNA PAWASKAR AGE: 55 YEARS, OCC: AGRICULTURE R/O. AT POST: BELGUNDI TQ & DIST: BELGAUM ... RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH OF THE ORDER DTD.06.10.2012 IN O.S.NO.70/2012 AT ANNEXURE-E PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC, BELGAUM ON IA NO.III AND CONSEQUENTLY ALLOW THE SAME. This petition coming on for preliminary hearing this day, the court made the following: ORDER In this writ petition the petitioners have prayed for a writ in the nature of certiorari to quash the order dated 6.10.2012 in O.S.No.70/2012 passed by the II Addl.Civil Judge, Belgaum dismissing I.A.3 filed under Order 14 Rule 5 CPC. 2. Respondents filed O.S.No.70/2012 against the petitioners for decree of permanent injunction. After completion of pleadings, the Trial Court framed issues. When the matter was : 4 : set down for evidence, petitioners filed I.A.3 requesting the Trial Court to frame additional issues. The proposed issues are with regard to the identity of the plaint schedule property. In the written statement petitioners disputed the measurement and boundaries furnished in the plaint schedule. Therefore, it is for the respondents to prove the correctness of the plaint schedule and also his possession over it. Therefore, the Trial Court rightly held that additional issue sought for by the petitioners is included in the issues already framed by the Trial Court. I find no illegality in the impugned order. 3. It is needless to say that it is always open for the petitioners to demonstrate before the Trial Court that the description of the property as per the plaint schedule is totally incorrect by placing acceptable evidence on record. By making an observation that the issues sought for by the petitioners is already included in issue no.1 will safeguard the interest of the petitioners. In the circumstances, I find no justifiable ground to : 5 : interfere with the impugned order. Accordingly, the writ petition is hereby dismissed without reference to respondents. SD/- JUDGE Dkb.