A Vs. RAMAKRISHNAPPA

JUDGEMENT

(1.) HEARD Mr. G. B. Manjunath, learned Counsel for petitioner. The learned Counsel for respondent 1 was not present and therefore the court could not have the advantage of his reply. The other respondents though served have remained absent.

(2.) THE petitioner is defendant 1 in O. S. No. 542 of 1997 on the file of the Court below, who has questioned the correctness and validity of the trial Court's order dated 24-1-1998 passed on the objection raised by the defendant regarding territorial jurisdiction of the Trial Court to entertain the said suit and proceed with its trial.

(3.) THE said O. S. No. 542 of 1997 is filed in the Court below by the respondent 1-plaintiff against petitioner and respondents 2 to 8 arraying them as defendants 1 to 8, respectively, for partition and separate possession of his share in the suit property which is an agricultural land bearing Sy. No. 78/1 measuring 2 acres 24 guntas shown as situate in horamavu Agara Village of K. R. Puram Hobli in Bangalore South taluk. The suit is filed in the Court of the Civil Judge (Junior Division), bangalore Rural District, Bangalore. On appearance in the suit, an objection through memo was raised by the petitioner-defendant that the suit property being situate outside the territorial jurisdiction of the court below, it has no jurisdiction to entertain and try the suit. The trial Court, relying on the State Government's Notification No. RD 35 lrd 86, dated 21-7-1986, has overruled the petitioner's objection and has held that the suit property is situated within the territorial limits of its jurisdiction and, therefore, it is competent to proceed with the trial of the suit.