IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.36765/2018 (GM-CPC) BETWEEN:
SMT. DR. R. SHARMILA D/O. LATE SRI RANGASWAMY .R, W/O. DR. N.S. PRAKASH, AGED ABOUT 48 YEARS, NO.663, 17TH ‘D’ CROSS, CMH ROAD, 2ND STRAGE, INDIRANAGAR, BANGALORE – 560 038. ... PETITIONER (BY SRI MURALIDHARA R., ADVOCATE) AND:
1. SMT. T.N. SUMITHRA W/O. LATE SRI RANGASWAMY .R, AGED ABOUT 65 YEARS, NO.395, 24TH B CROSS, BANASHANKARI 2ND STAGE, BANGALORE – 560 070.
2. SMT. SOWMINI .R AGED ABOUT MAJOR, W/O. SRI RAMESH RANGASHAMAIAH, NO.89, 7TH A CROSS, 5TH A MAIN, VIDYAGIRI LAYOUT, NAGARABHAVI, BANGALORE – 560 072.
3. SMT. SHILPA RANGASWAMY W/O. SRI S.R. CHANDRASHEKAR, AGED ABOUT 40 YEARS, C/O. H.C. SAROJA, NO.1193, ‘SRIRAKSHA’, GOVINDAPPA STREET, SRIRANGAPATNA – 571 438. ... RESPONDENTS (BY SRI H.V. NAGARAJA RAO, ADVOCATE FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.7188/2016 PENDING BEFORE THE HON'BLE IIIRD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-25) AND QUASH THE ORDER DTD: 06.08.2018 IN O.S.NO.7188/2016 PASSED BY THE HON'BLE IIIRD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-25) VIDE ANNEXURE-G THERE BY ALLOWING THE IA NO.5 FILED BY THE PETITIONER/DEFENDANT HEREIN UNDER ORDER XVIII RULE 3 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE DIRECTING THE RESPONDENTS/PLAINTIFFS HEREIN TO COMMENCE AND ADDUCE THEIR EVIDENCE FIRST AND THEREAFTER THIS PETITIONER/DEFENDANT TO GO ON WITH HER EVIDENCE BEFORE THE TRIAL COURT BELOW IN THE SAID CASE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R For the present, petition is admitted for hearing.
2. In this writ petition, filed under Article 227 of the Constitution of India, the petitioner has assailed the validity of the impugned order dated 06/08/2018, passed by the trial Court, by which an application preferred by the petitioner/defendant under Order XVIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 has been rejected.
3. Learned counsel for the petitioner at the outset fairly submitted that in the writ petition no interim order was passed, the trial Court has commenced recording of evidence of the respondents/plaintiffs and the evidence is being recorded. It is further submitted that after the plaintiffs adduced their evidence, petitioner/defendant was also given an opportunity to adduce her evidence.
4. In response to the aforesaid submission, learned counsel for the respondents submitted that four opportunities were already given to the petitioner for adducing the evidence. However, the petitioner has availed the same and has not deposited the costs. However, it is fairly submitted that he has no objection if the petitioner is granted one more opportunity by way of adducing evidence.
5. In view of the aforesaid submission, the writ petition is disposed off with a direction to the trial Court to record the evidence of the petitioner and after conclusion of the evidence of the petitioner, the trial Court shall fix the trial for recording evidence of the respondents. If the petitioner fails to do so, the adducing of further evidence shall stand forfeited.
6. Further opportunity is granted to the petitioner. In addition, the petitioner shall deposit the costs as directed by the trial Court within two weeks from the date of receipt of this order.
7. With the aforesaid direction, petition is disposed off.
Sd/- JUDGE S*