IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION Nos.7477-7478 OF 2019 (GM-CPC) BETWEEN:
1. MS. BHAVANA D/O RAJASHEKAR AGED ABOUT 17 YEARS 2. KUM CHANDANA D/O RAJASHEKAR AGED ABOUT 13 YEARS BOTH ARE MINORS REPRESENTED BY MOTHER GAUARDIAN SMT. LEELAVATHI W/O RAJASHEKAR AGED ABOUT 41 YEARS BOTH ARE R/AT NO.9 4TH CROSS, SANTHOSHNAGAR OPP AKSHAYA NURSING HOME ATTURU LAYOUT, YELAHANKA BENGALURU-560 064. … PETITIONERS (BY SRI KRISHNAMURTHY M.R., ADVOCATE) AND:
1. SRI. M RAJASHEKAR S/O K M MUNIVEERAIAH AGED ABOUT 46 YEARS 2. SRI MUNIVEERAIAH S/O NANJUDAIAH AGED ABOUT 70 YEARS 3. SMT MUDDUGANGAMMA W/O MUNIVEERAIAH AGED ABOUT 61 YEARS ALL ARE R/AT NO.32 VEERASAGARA MAIN ROAD BEHIND GOVERNMENT SCHOOL ATTURU POST, YELAHANKA HOBLI BENGALURU-560 064 … RESPONDENTS (BY SRI R.B. SADASIVAPPA, ADVOCATE FOR C/R1; SRI R. RAJA, ADVOCATE FOR R2 & R3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED XLIII ADDL. CITY CIVIL JUDGE (CCH-44) ON I.A.NO.9 AND 10 IN O.S.NO.2808/2012 DATED 16.01.2019 PRODUCED AT ANNEXURE-E AND ALLOW I.A.NO.9 10 AND ETC.
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners being the plaintiffs in a partition suit filed by the respondent in O.S.No.2808/2012 are invoking the writ jurisdiction of this Court seeking to lay a challenge to the order dated 16.01.2019, a copy where of is at Annexure-E whereby, the application filed under Order XVIII Rule 17 read with Section 151 of CPC, 1908 for re-opening the case by recalling the order dated 10.09.2018 has been favoured by the learned trial Judge. The respondents having entered Caveat through their counsel, now filed a memo signifying their No Objection for allowing the writ petitions.
2. In the above circumstances, these writ petitions are allowed; the impugned order is set at naught; the petitioners’ subject application having been favoured, the case is ordered to be re-opened, and they are permitted to further cross-examine DW.1 on the next date of hearing, without seeking any further adjournment.
It is made clear that if no cross-examination is done on the said date, the stage of the suit stands closed.
No costs.
Sd/- JUDGE NR/-