- (1.) THE petitioner being aggrieved by the order dated 22nd January, 2002 in O. S. No. 244 of 1998 on the file of the III Additional I Civil judge (Junior Division) at Mysore, holding the preliminary issue regarding maintainability of the suit against the petitioner, has presented the instant civil revision petition.
(2.) THE petitioner in this petition is the Mysore City Corporation, represented by its Commissioner (hereinafter called the "corporation" ). The respondents herein being aggrieved by the order passed by the assessing Authority dated 29th September, 1997 enhancing the property tax, as illegal, arbitrary and void and the same is one without jurisdiction and not binding on the respondents, had felt necessitated to file the suit in O. S. No. 244 of 1998 on the file of the III Additional I civil Judge (Junior Division) at Mysore. The petitioner-Corporation in pursuance of the receipt of summons, filed the written statement raising a preliminary objection with regard to maintainability of the suit and requested the Trial Court to decide the matter on additional issue regarding maintainability. The said matter had come up for consideration before the Trial Court on 22nd January, 2002 on additional issue. The Trial Court after hearing both sides and after going through the relevant provisions of the Karnataka Municipal corporations Act, 1976 (hereinafter called the 'act'), and the Rules and placing reliance on the judgment of the Supreme Court in Dhulabhai v. State of Madhya Pradesh and Another, has held that, the respondents have every right to challenge the order dated 29th September, 1997 passed by the Commissioner of the Mysore City Corporation, enhancing the property tax. The Trial Court has opined that the suit of the respondents is maintainable and it is not barred by permissive res judicata and accordingly, answered the additional issue in the negative against the petitioner-Corporation.
(3.) FEELING aggrieved by the impugned order passed on the additional issue, on the file of the in Additional I Civil Judge (Junior Division) at mysore, referred above, the petitioner-Corporation felt necessitated to present the instant revision petition.;