IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 51989 OF 2019 (GM-CPC) BETWEEN:
SMT. LAKSHMAMMA SINCE DEAD BY LRS 1. SRI VENKATARAMA REDDY G K, S/O LATE KRISHNA REDDY, AGED 57 YEARS, R/AT 12TH B CROSS,2ND MAIN, AMARAVATHI LAYOUT, BANGARPET-563115.
2. SRI GANGA REDDY G K S/O LATE KRISHNA REDDY, AGED 51 YEARS, R/AT GAJAGA VILLAGE, MAGONDI POST, BANGARPET-563115.
3. SMT RADHA W/O BYRAREDDY, D/O LATE KRISHNA REDDY, AGED 46 YEARS, HONNENAHALLI, RAJANUKUKNTE POST-560064 YELLAHANKA HOBLI, BANGALORE NORTH TALUK.
4. SMT PREMA G W/O BABU REDDY, D/O LATE KRISHNA REDDY, AGED ABOUT 36 YEARS, HONNENAHALLI, RAJANUKUKNTE POST-560064 YELLAHANKA HOBLI, BANGALORE NORTH TALUK.
… PETITIONERS (BY SRI. CHANDRA MOHAN J G, ADVOCATE) AND:
1. SMT. CHINNAMMA W/O MUNIVENKATA REDDY, AGED ABOUT 72 YEARS, R/AT VENKATESHWARA APARTMENT, R NEAR RAMAR TEMPLE, NEW THIPPASANDRA, BENGALURU-560075 2. SMT NARAYANAMMA @ ASHWATHNARAYANAMMA W/O NARAYANA REDDY, AGED 53 YEARS, R/AT GAJIGA VILLAGE, MAGUNDHI POST, BANGARPET TALUK-563115 3. SMT D M MANJULAMMA W/O SRINIVASA REDDY, AGED ABOUT 39 YEARS, R/AT NO.28/1, PUTTAPPA COLONY, NEAR RAMAR TEMPLE, NEW THIPPASANDRA, BENGALURU-560075 4. SMT PADMAVATHI W/O SRINIVASA REDDY, AGED ABOUT 43 YEARS, 5. SRI MADHAN S/O SRINIVASA REDDY, AGED ABOUT 23 YEARS, 6. SMT RAMYA D/O SRINIVASA REDDY AGED 21 YEARS, RESPONDENTS NO.4 TO 6 ARE R/AT NO.28/1, PUTTAPP COLONY, NEAR RAMA TEMPLE, NEW THIPPASANDRA, BENGALURU-560075 7. SRI D M BABU REDDY S/O MUNIVENKATA REDDY, AGED ABOUT 41 YEARS, R/AT 13TH MAIN, 3RD CROSS, SRI MUNESHWARA TEMPLE ROAD, KODIHALLI, BENGALURU-562119 8. SRI NAGARAJA REDDY S/O MUNIVENKATA REDDY, AGED ABOUT 38 YEARS, C/O SUBBARAYAPPA, 2ND CROSS, VIVEKANANDA NAGAR, BANGALORE-563115.
9. SMT BHAGYAMMA W/O R MUNIVENKATAPPA, AGED 43 YEARS, R/AT A-10, NAL COMPLEX, BENGALURU-560017 10. SMT D M NARASAMMA W/O P ANANDA REDDY, AGED 42 YEARS, R/AT KODTHI VILLAGE, SARJAPURA ROAD, CARMELRAM POST, VARTHUR HOBLI, BENGALURU-560087 … RESPONDENTS (BY SRI. K M THIMMAIAH, ADOVCATE FOR C/R1, R3 TO R9; NOTICE TO R2 & R10 D/W V.C.O. DATED 13.12.2019) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OR DIRECTION BY A WRIT OF CERTIORARI SETTING ASIDE THE ORDER OF THE SENIOR CIVIL JDUGE AND PRL. JMFC, KGF, INI OS 69/2014, ON IA-XIII U/S 151 OF CPC FOR RE-OPENING OF CASE AND IA-XIV U/O XVIII RULE 17 R/W SEC.151 OF CPC FOR RECALLING THE DW-1 FOR FURTHER CROSS-EXAMINATION, DATED 21.10.2019, AS PER ANNX-A TO THE PETITION, ALLOW THE APPLICATIONS IA-XIII AND XIV, INCLUDING COSTS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Both the sides having argued the matter for some time, are broadly in agreement with the suggestion of this Court that the petitioners be permitted to further cross- examine DW1 on the very next date of hearing of the suit, i.e., on 09.01.2020, subject to payment of a cost of Rs.10,000/- on or before the said date.
In the above circumstances, this writ petition succeeds in part; the impugned order is set at naught; petitioners’ application having been favoured, they are permitted to further cross-examine DW1 on 09.01.2020, on payment of cost of Rs.10,000/- to the contesting respondent on or before the said date, failing which the order now set aside shall stand revived.
Sd/- JUDGE Bsv