The Karnataka High Court in the case T Savitha and ANR AND B P Muniraju and Others observed and has stated that under Order 14 Rule 5 of the Code of Civil Procedure, CPC, wherein the trial court at any time before passing a decree can frame an additional issue on such terms as it deems fit as may be necessary in order to determine the matters in controversy between the parties.
The single judge bench headed by Justice S G Pandit in the case observed and has allowed the petition moved by T Savitha and another questioning the order of the trial court, wherein the court dismissed the application moved by them under Order 14 Rule 5 to frame additional issue as to whether the suit for partial partition is maintainable.
The counsel appearing for the petitioners i.e., the defendants in the original suit argued before the court that the suit of respondents i.e., the original plaintiffs is one for the partition as well as to declare that the sale deed dated 08.07.2004, 09.09.2005 and 12.04.2017 are not binding on the legitimate share of the plaintiffs over the suit schedule property and also for the permanent injunction.
The court in the case observed that the petitioners as well as the other defendants filed their written statement, in which, the defendants specifically contended before the court that the suit for partition by plaintiffs is only with regards to property which has been sold by them through their GPA Holders and plaintiffs have not disclosed with regard to other properties which have fallen to their share as stated under the partition deed dated September 10, 1970.
The court while considering the facts and circumstances of the case observed and has stated that it is been clarified that under Order 14 Rules 5 that the court at any time before passing a decree, frame an additional issue on such terms as it deems fit as may be necessary in order to determine the matters in controversy between the parties.
Accordingly, the court set aside the order passed by the trial court and has allowed the application.
The counsel, Advocate Shashank Sridhar, for Advocate Sridhara. N appeared for Petitioners. The counsel, Advocate Chokkareddy appeared for R 1 to 5. The counsel, Advocate Manu. P. Kumar, for Advocate C. S. Prasanna Kumar, represented
for R6 & 11 to 13.