IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.51735 OF 2019 (GM-CPC) BETWEEN:
SMT. B.N.ASHA, D/O LATE P NARASIMHA MURTHY , AGED ABOUT 41 YEARS , R/AT NO 252, 1ST BLOCK, 3RD CROSS, PEENYA 1ST STAGE, PEENYA, BENGALURU – 560058.
... PETITIONER (BY SRI. S.VISWESWARAIAH ADVOCATE) AND:
SRI. KESHAVA RAO, S/O LATE SRINIVASA RAO AGED ABOUT 46 YEARS, R/AT NO 252, (PORTION), FIRST FLOOR, 1ST BLOCK, 3RD CROSS, PEENYA 1ST STAGE, PEENYA, BENGALURU – 560 058.
(BY SRI. K.K.VASANTH, ADVOCATE) ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER PASSED BY THE BENGALURU CITY CIVIL AND SESSINS JUDGE, BENGALURU (CCH-27) PASSED ON I.A.NO.31 AND 32 IN O.S.NO.3831/2019 DTD.20.11.2019 PRODUCED AT ANNEXURE-F BY ALLOWING THE W.P.AND CONSEQUENTLY ALLOW IA NO.31 AND 32 FILED BY THE PETITIOERN; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in an ejectment suit in O.S.No.3831/2009 is invoking the writ jurisdiction of this Court for assailing the order dated 20.11.2019, a copy whereof is at Annexure-F, whereby his applications in I.A.Nos 31 & 32 for reopening of the case and for permission to further cross-examine DW-1 have been rejected by the learned VIII Additional City Civil Judge, Bangalore.
2. Sri. Vasanth, learned counsel having appeared for the respondent opposes the writ petition stating that the petitioner is in the habit of moving application after application which has been retarding the progress of the suit and the petition lacks bona fide.
3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is of considered opinion that both the applications should have been allowed and the petitioner ought to have been granted an opportunity to further cross-examine DW-1 as a last chance on payment of cost.
In the above circumstances, this writ petition succeeds; impugned order is set at naught; the subject applications having been favoured, petitioner is permitted to further cross- examine DW-1 on the next date of hearing itself on payment of Rs.5,000/- to the respondent-defendant on or before the same day, failing which, the order now quashed shall stand revived.
All other contentions of parties are kept open.
Sd/- JUDGE DS