IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.27779/2019 (GM-CPC) & WRIT PETITION NO.38704/2019 (GM-CPC) BETWEEN:
M/S. H.M.ESTATES AND PROPERTIES, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT HM GENEVA HOUSE, #14, CUNNINGHAM ROAD, BENGALURU - 560 052, REPRESNETED BY ITS PARTNER MR. H.J.SIWANI AGED ABOUT 58 YEARS S/O LATE J.K.SIWANI …PETITIONER (BY SRI. ABHINAV RAMANAND .A, ADVOCATE) AND:
1. CAPT. G.RAMANANDA REDDY, AGED ABOUT 82 YEARS, S/O LATE SRI. A.GURUPPA REDDY, R/AT NO.49, 15TH CROS, WILSON GARDENS, BENGALURU - 560 030.
2. M/S. FERN VALLEY RESORTS PVT. LTD. NO.2, AVS COMPOUND, 80 FEET MAIN ROAD, 4TH BLOCK, KORAMANGALA, BENGALURU - 560 095.
COMPANY REGISTERED UNDER THE COMPANIES ACT AND REPRESENTED BY ITS MANAGING DIRECTOR 3. MR. PAUL. A. FERNANDEZ, AGED ABOUT 68 YEARS, MANAGING DIRECTOR, S/O. ANTONY FERNANDEZ, M/S. FERN VALLEY RESORTS PVT. LTD., NO.2, AVS COMPOUND, 80 FEET MAIN ROAD, 4TH BLOCK, KORAMANGALA, BENGALURU - 560 095.
4. SRI. T.JOSEPH, AGED ABOUT 60 YEARS, S/O. SRI. JOSEPH, R/O CHERAYIL, GUYYA POST, SIDDAPUR, COORG, KARNATAKA 571 253.
5. M/S. PURVANKARA PROJECTS LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF INDIA COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO.227, S.V. ROAD, BANDRA WEST, MUMBAI - 500 005. REPRESENTED BY IT’S A.G.M-LEGAL.
6. SRI. G.SRINIVASA REDDY, AGED ABOUT 79 YEARS, S/O. LATE GURUVA REDDY, R/AT NO.496, 1ST FLOOR, 15TH CROSS, INDIRANAGAR, 2ND STAGE, BENGALURU – 560 038.
7. SRI. G. JANARDHAN REDDY, AGED ABOUT 35 YEARS, S/O. G. RADHAKRISHNA REDDY, R/AT NO.596, 27TH MAIN, B.T.M.LAYOUT, 2ND STAGE, BENGALURU – 560 076.
8. SMT. DEVAKI, AGED ABOUT 58 YEARS, W/O. LATE G.SATHYANARAYANAREDDY, 9. SRI. SUMAN, AGED ABOUT 29 YEARS, S/O. LATE G.SATHYANARAYANAREDDY, 10. SMT. HIMABINDU, AGED ABOUT 32 YEARS, D/O. LATE G.SATHYANARAYANAREDDY, RESPONDENTS NO.8 TO 10 ARE R/AT NO.A3, SHOBITA APARTMENTS, 12TH CROSS, 2ND MAIN, J.P.NAGAR, 3RD PHASE, BENGALURU – 560 078.
11. SRI JAGADISH REDDY, AGED AOBUT 65 YEARS, S/O. LATE GURAPPA REDDY, R/AT NO.259, 7TH MAIN, WILSON GARDEN, BENGALURU – 560 030.
12. SRI. G.MURALIDHARA, AGED ABOUT 61 YEARS, S/O. LATE GURAPPA REDDY, R/AT NO.143, 9TH MAIN, WILSON GARDEN, BENGALURU – 560 030.
13. SMT. G.LEEVATHI, AGED ABOUT 68 YEARS, W/O. SRI. MARI REDDY, D/O. LATE GURAPPA REDDY, R/AT NO.2/2, ACHETTIPALLI VILLAGE & POST, HOSUR TALUK, KRISHNAGIRI DISTRICT – 635 110.
14. SMT. G.PRABAHAVATHI, AGED ABOUT 67 YEARS, W/O. J.RANGA REDDDY, NO.16/69, A-1, JAISHANKAR COLONY, HOSUR – 635 109.
15. SMT. G.VIJAYA LAKSHMI, AGED ABOUT 63 YEARS, W/O. RAMAIAH REDDY, NO.123, GURJAR, GURJAR POST, VARTHUR, BENGALURU EAST – 560 087 … RESPONDENTS (BY SRI. SEETHA RAMA RAO B.C., ADVOCATE FOR C/R1) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.06.2019 PASSED BY THE VII ADDL. CITY CIVIL JUDGE, BENGALURU (CCH-19) IN O.S.NO.3721/2005 AT ANNEXURE-J BY ALLOWING THE PRESENT PETITON AND ALLOW THE APPLICATIONS DATED 25.06.2019 FILED BY THE PETITIONER FOR REOPENING THE PLAINTIFF SIDE EVIDENCE AND RECALLING PW-1 FOR CROSS-EXAMINATION AT ANNEXURES-G & H TO THE WRIT PETITION;
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Both the learned counsel for the parties having vociferously argued the matter for some time, are now broadly in agreement with the suggestion of this Court that:
(i) petitioner has a limited right to cross-examine the witnesses of the plaintiff’s side, non-filing of the Written Statement being the reason of such limitation;
(ii) the plaintiff’s witness shall be cross-examined by the petitioner on 27.08.2019 at the residence of PW-1, Smt. Leelavathi Reddy;
(iii) Smt. Rashmi Jadhav having been consensually appointed as the Court Commissioner, shall record the evidence and return the Case File to the trial Court; and Commissioner’s fee of Rs.10,000/- only per each sitting shall be paid by the petitioner before the sitting; and, (iv) The trial Court shall deploy it’s responsible official along with the original file to the venue; petitioner shall furnish a copy of the pleadings of the parties and of their documents if any, to the Court Commissioner in advance.
Ordered accordingly.
This order is confined only to the fact matrix and law-matrix of those writ petitioner, all other contentions having been kept open.
Accordingly, petitions are disposed off. No costs.
Sd/- JUDGE DS