IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NOs.16101-16108/2019(GM-CPC) BETWEEN:
COTTAGE INDUSTRIES EXPOSITION LTD., NO.3(OLD NO.5) CUNNINGHAM ROAD (ALSO CALLED SAMPANGI RAMASWAMY STREET) BANGALORE-560052.
A REGISTERED COMPANY REPRESENTED BY ITS AUTHORISED SIGNATORY.
... PETITIONER (BY SRI D. R. RAVISHANKAR, ADVOCATE ) AND:
1. SMT. RATNA M. B., (ALSO KNOWN AS B. E. RATNA) AGED ABOUT 66 YEARS D/O LATE SRI L. H. ESHWARA MURTHY NO.13, 1ST MAIN ROAD, NEHRU NAGAR, BANGALORE-560020.
2. SRI B. E. RAMAKRISHNA, AGED ABOUT 64 YEARS, S/O LATE SRI L. H. ESHWARA MURTHY, NO.13, 1ST MAIN ROAD, NEHRU NAGAR BANGALORE-560020 3. SMT. C. VENKATALAKSHAMMA W/O LATE SRI L. H. ESHWARA MURTHY AGED ABOUT 81 YEARS NO.13, 1ST MAIN ROAD, NEHRU NAGAR, BANGALORE-560020.
4. SMT. B. E. SHASHIKALA, D/O LATE SRI L H ESHWARA MURTHY AGED ABOUT 60 YEARS NO.13, 1ST MAIN ROAD NEHRU NAGAR BANGALORE-560020 5. SMT. C. VENKATALAKSHAMMA W/O LATE SRI L. H. ESHWARA MURTHY AGED ABOUT 66 YEARS NO.13, 1ST MAIN ROAD NEHRU NAGAR BANGALORE-560020 6. SMT. ESHWARI GOPINATH ASLO KNOWN AS B. E. ESHWARI D/O LATE SRI L. H. ESHWARA MURTHY, AGED ABOUT 62 YEARS NO.13, 1ST MAIN ROAD NEHRU NAGAR BANGALORE-560020 7. SMT. BINDU NEELAKANTA ASLO KNOWN AS B. E. BINDU D/O LATE SRI L. H. ESHWARA MURTHY, AGED ABOUT 38 YEARS NEHRU NAGAR BANGALORE-560020.
8. SRI B. E. RAMACHANDRA, S/O LATE SRI L H ESHWARA MURTHY AGED ABOUT 49 YEARS NO.13, 1ST MAIN ROAD, NEHRU NAGAR, BANGALORE-560020.
... RESPONDENTS (BY SRI UDAY HOLLA, SENIOR ADVOCATE FOR SRI VIVEK HOLLA, ADV., FOR C/R1,R4,R2,R6,R7 & R5) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS DATED 26.2.2019 CLOSING THE CROSS OF PW 1 IN O.S.NO.3997/12, O.S.NO.5003/12, O.S.NO.5005/12, O.S.NO.5432/12, O.S.NO.5433/12, O.S.NO.5434/12, O.S.NO.5435/12, O.S.NO.5458/12 ANNEXURE-J TO J7 ON THE FILE OF PRELIMINARY CITY CIVIL AND SESSIONS JUDGE CONTRARY TO THE PERMISSIONS/DIRECTIONS OF THIS HON'BLE COURT IN W.P.NO.49385/2014-49391/2014 & 49393/2014 ASPER ANNEXURE-D DATED14.2.2019.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING :
O R D E R The petitioner filed the present writ petitions seeking several reliefs.
2. Sri D.R. Ravishankar, learned counsel for the petitioner, on instructions from the petitioner, confined the present writ petitions only insofar as the orders passed by the trial Court dated 26.02.2019 discharging cross-examination of PW-1 and dated 30.03.2019 refusing the adjournment sought to produce certified copy of order passed by this Court and posting the matter for judgment.
3. The 1st respondent who is the plaintiff before the trial Court had filed a suit for ejectment against the present petitioner-defendant in respect of the suit schedule ‘B’ property and to direct the defendant to pay Rs.1,40,000/- per month or at such rate as this Court determines, as damages and mesne profits and also sought for vacant physical possession of ‘B’ schedule property etc.
4. The defendant filed written statement and also counter claim seeking independent judgment and decree in favour of the defendant against the plaintiff contending that the plaintiff executed an Agreement in respect of suit ‘B’ schedule property for a sum of Rs.3,00,000/- and as the entire sale consideration amount was paid by the defendant in the month of February 1980, to execute the sale deed and also filed counter claim against the owner seeking possession of the property in terms of the agreement, etc., 5. The present petitioner earlier had filed Writ Petitions Nos.5452-5475/2019 before this Court challenging the orders dated 10.08.2018 and 17.01.2019. This Court, after hearing the learned counsel for the parties, by the order dated 27.03.2019 allowed the writ petitions in part and quashed the impugned order dated 17.01.2019 passed by the trial Court on I.A. No.5/2018 and I.A. No.5/2018 filed by the defendant was allowed. The order dated 17.01.2019 on I.A. No.6/2018 allowing the application filed by the plaintiff to recall the order dated 10.08.2018 insofar as it pertains to hearing additional issue No.1 regarding maintainability as preliminary issue and to consider the said issue at the time of disposal of the main suits along with other issues was confirmed.
6. It transpires that during pendency of the previous writ petitions before this Court, the trial Court proceeded to discharge cross-examination of PW-1 on 26.02.2019 and subsequently, refused the adjournment sought to produce the order passed by this Court and posted the matter for judgment. Hence, the present writ petitions are filed.
7. Though several contentions are urged by the learned counsel for the petitioner and the learned Senior Counsel for the respondents, since, the rights of the parties are involved in respect of the immovable properties and in view of the order dated 27.03.2019 passed by this Court, without adverting to the contentions raised, in the interest of justice to both the parties, this Court deem it appropriate to permit the defendant to cross-examine PW1 on 20.04.2019 and proceed with the case without seeking any further adjournments and shall co-operate with the Court, in view of the directions issued by this Court earlier in the above said writ petitions. The trial Court shall proceed and record the evidence on both the sides and expedite the dispute. Accordingly the impugned orders are hereby quashed.
8. Further the trial Court is directed to permit the petitioner to cross-examine PW1 and also adduce evidence of the defendants, if any, and proceed with the case strictly in accordance with the law. The trial Court shall take into confidence of both the learned counsel for the parties and proceed with the matter in accordance with law.
9. With the above observations, Writ Petitions are disposed of.
Sd/- JUDGE SBS*