IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT CIVIL REVISION PETITION.No.187 OF 2019 AND CIVIL REVISION PETITION.No.188 OF 2019 IN CRP NO.187/2019 BETWEEN Smt. Pista Bai Aged 56 years, W/o Bhawar Lal, R/at No.13/1, 3rd Floor, BVK Iyenger Road, Bengaluru-560 053.
Rept. By her Power of Attorney Holder Sri Bhawar Lal, Aged 55 years. …Petitioner (By Sri D. Prabhakar, Advocate) AND 1. Sri Uday Vagale Aged 42 years, S/o Sathya Charana Vagale, R/at No.341, 14th Cross, 2nd Block, Jayanagar, Bengaluru-560 011.
2. Sri Shashank Vagale Aged 56 years, S/o Sohan Lal @ Sonaram Suthar, R/at No.13/1, 3rd Floor, BVK Iyengar Road, Bengaluru-560 053. ... Respondents (By Sri G. Papi Reddy, Advocate) This Civil Revision Petition is filed under section 18 of the Small Causes Courts Act, against the order dated 01.04.2019 passed in S.C.No.672/2017 on the file of the XIX Additional Small Causes Judge Bengaluru, rejecting the applications filed under Section 151 of CPC.
IN CRP NO.188/2019 BETWEEN Sri Bhawar Lal Aged 56 years, S/o Sohan Lal @ Sonaram Suthar, R/at No.13/1, 3rd Floor, BVK Iyenger Road, Bengaluru-560 053. …Petitioner (By Sri. D. Prabhakar, Advocate) AND 1. Sri Uday Vagale Aged 42 years, S/o Sathya Charana Vagale, R/at No.341, 14th Cross, 2nd Block, Jayanagar, Bengaluru-560 011.
2. Sri Shashank Vagale Aged 56 years, S/o Sohan Lal @ Sonaram Suthar, R/at No.13/1, 3rd Floor, BVK Iyengar Road, Bengaluru-560 053. ... Respondents (By Sri. G. Papi Reddy, Advocate) This Civil Revision Petition is filed under section 18 of the Small Causes Courts Act, against the order dated 01.04.2019 passed in S.C.No.670/2017 on the file of the XIX Additional Small Causes Judge Bengaluru, rejecting the application filed under Section 151 of CPC.
These Civil Revision Petitions coming on for orders this day, the court made the following:
COMMON ORDER Since, in both revision petitions, the respondents are common, and the impugned order is similar in nature, with the consent of the learned counsels for both parties, both revision petitions are heard together and disposed of by this common order.
2. The petitioners in both the revision petitions are before this Court assailing the separate order dated 01.04.2019 passed in S.C.No.670/2017 and S.C.No.672/2017 on the file of XIX Additional Small Causes Judge, Bengaluru, by which the applications filed under Section 151 of CPC, seeking permission for further evidence of defendants were rejected.
3. The respondents in both the petitions filed suit for ejectment of the suit schedule property. When the suit was at the stage of arguments, the defendant in both the suits has filed an application under Section 151 of CPC, seeking permission of the court for leading further evidence by examining only one witness. The said application was opposed by the plaintiffs and under impugned order, the trial Court rejected the said application in both the suits. Hence, the defendants in both the suits are before this Court in these revision petitions.
4. Heard the learned counsel for the petitioner and learned counsel for the respondents. Perused the petition papers.
5. The learned counsel for the petitioner submits that in support of his case, he intends to examine one witness. It is his further submitted that to prove the contention taken in the written statement, he requires to examine one of the witness who has signed as witness to the Lease Deed. The reasons stated in the application was that he intends to examine with regard to bonafide requirement of premises and nature of proposed business to be carried out by the plaintiffs. Considering the said reasons, the trial court rightly rejected the applications. But in the interest of justice and as the petitioners herein intends to examine any one of the witness named in the list of witness in support of their contention, the petitioners/defendant in both the petitions are to be given an opportunity. No person shall go out of the Court with an impression that he was not given proper opportunity to defend his case. Hence, the petitioner/defendant is afforded an opportunity to examine any one of the witness named in the list of witness on 05.09.2019 in S.C.No.670/2017 and S.C.No.672/2017 on the file of XIX Additional Small Causes Judge at Bengaluru. The petitioner/defendant shall not take any adjournment on that day; he shall examine the witness and conclude his side. The petitioner/defendant shall pay cost of Rs.5,000/- each in two petitions on the date of evidence. The above petitions are disposed of accordingly.
Sd/- JUDGE HA/-