IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.49071-49072/2019 (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, REPRESENTED BY ITS PARTNER MR. H.J.SIWANI AGED ABOUT 58 YEARS, S/O LATE J.K.SIWANI (BY SRI. ABHINAV RAMANAND A., ADVOCATE) AND:
1. CAPT. G.RAMANDA REDDY AGED ABOUT 82 YEARS, S/O LATE SRI. A.GURUPPA REDDY, R/AT NO.49, 15TH CROSS, WILSON GARDENS, BENGALURU – 560 027.
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, ... PETITIONER 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.
5. M/S. PURVANKARA PROJECTS LTD., A COMPNAY REGISTERED UNDER THE PROVISION OF INDIA COMPANIES ACAT, 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 CORSS, 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 EYARS, 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 ABOUT 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.LEELAVATHI 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.PRABHAVATHI AGED ABOUT 67 YEARS, W/O. J.RANGA REDDY, 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. B.C.SEETHA RAMA RAO, ADVOCATE FOR C/R-1; NOTICE TO R2 TO R-15 IS D/W V/O DTD 15/10/2019) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.09.2019 PASSED BY VII ADDL. CITY CIVIL JUDGE, BENGALURU CCH NO.19 ON I.A.NO.19 AND 20 IN O.S.NO.3721 OF 2005 AT ANNX-K TO THE WRIT PETITION AND CONSEQUENTLY, ALLOW I.A.NO.19 AND 20 FILED BY THE PETITIONER ON 04.09.2019 AT ANNEXURE-G AND H TO THE W.P. AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the defendant in a declaration suit in O.S.No.3721/2005 is complaining before the writ Court that he is not being given a right of cross-examination and that there is absolutely no justification whatsoever for such denial.
2. Having heard the learned counsel for the parties and having perused the Petition Papers, reprieve needs to be granted to the petitioner because:
a. the impugned order on the reasons stated therein is not sustainable inasmuch as it has been a well settled principle of law that a party to the suit even when pleadings are not filed by him is entitled to cross-examine the witness of the other side although the scope of such right may be restrictive. This aspect having been infringed by the Court below, impugned order is liable to be set at naught;
b. even otherwise, the petitioner has got right to cross-examine which is founded on the principle of natural justice, and denying such right may result into a grave prejudice to him; there is no justification for denying such a right to the petitioner.
In the above circumstances, this Writ Petition succeeds; impugned order is quashed; petitioner is permitted to cross- examine DW-1 on the next date of hearing; it is directed that Court below shall not hear the arguments in the suit till after, in terms of this order, petitioner cross-examines the subject witness.
Parties have agreed and accordingly this court fixes 22.10.2019 to be the date for cross-examination. However, petitioner is liable to pay a cost of Rs.5,000/- to the first respondent on or before the next date of hearing, failing which, the petitioner looses the right of cross-examination.
Sd/- JUDGE DS