IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA W.P.NO.13492/2018(GM-CPC) BETWEEN THE KARNATAKA GOVT. EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., REG. NO. 166, D.R. 31-5-1949, CELLAR FLOOR, MULTI-STORIED BUILDING, VIDHANA VEEDHI, BANGALORE-560 001, REPRESENTED BY IT’S PRESIDENT, MR. H. T. NAGESH, ... PETITIONER (BY SRI PRASAD B S, ADVOCATE) AND SMT. GAYATHRI @ GAYATHRIDEVI D/O. LATE THAMMAIAH, AGED ABOUT 46 YEARS, RESIDING AT #107/4, PETHAPPA LANE, ANNASANDRA PALYA, HAL POST, BENGALURU, REPRESENTED BY HER GPA HOLDER, K. RUDRAMUNI, AGED ABOUT 54 YEARS, R/AT NO.49, NEW NO.94/A, SITE FORMED BY DEFENDANT, FORMED IN SY. NO. 34/2, DYAVASANDRA VILLAGE, MSR NAGAR, KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 094. ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.01.2018 IN MEMO DATED 21.6.2017 PASSED BY THE HON'BLE ADDL. CITY CIVIL COURT, BANGALORE IN O.S.NO.6920/2010 VIDE ANNEXURE-J AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner-Society in this writ petition is impugning the order of the Trial Court dated 22.01.2018 in rejecting its prayer for expunging the evidence of DW1-Secretary of the Society on the premise that he has resigned from the Society and as such he is not eligible to tender cross-examination.
2. The material on record would indicate that the said statement of the defendant is countered by the counsel for the plaintiff by contending that the averments regarding DW1 has resigned from the Society is incorrect. They would allege that said statement is made only to ensure that the admissions given by him in his cross-examination in the said proceedings is expunged. However, the Court below while rejecting the memo filed by the defendant for expunging the evidence of DW1, reserved liberty to the defendant to examine the applicant or any other person as DW2, which appears to be just and proper. Therefore, this Court is of the opinion that no justifiable grounds are made out to interfere with that in this writ petition. Accordingly, the writ petition is dismissed.
Sd/- JUDGE TL