IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR W.P.NOS.15400-15401/2017 (GM-CPC) BETWEEN:
SMT. R. LAKSHMI, AGED ABOUT 32 YEARS, D/O. LATE M. RAJAPPA, C/O. RANGAMMA, VARAPURA COLONY, MAGADI TOWN – 562 120 RAMANAGARA DISTRICT.
PRESENTLY R/AT NO.30, VASANTHA VALLABHANAGAR, VASANTHAPURA, SUBRAMANYAPURA POST, BENGALURU - 560061 ... PETITIONER (BY SRI.K.K.VASANTH, ADVOCATE) AND:
1. SRI. G. NAGARAJ AGED ABOUT 57 YEARS, S/O.GURRAPPA, R/AT NO.80, 26TH CROSS, 13TH MAIN, 4TH BLOCK (EAST), JAYANAGAR, BENGALUR-560011 HAVING HIS OFFICE AT NO.1360, 13TH MAIN, 2ND STAGE, BTM LAYOUT, BENGALURU – 560 076 2. SMT. SUBBALAKSHMI D/O. LATE M. RAJAPPA, AGED ABOUT 53 YEARS, 3. SMT. R. SAROJA AGED ABOUT 53 YEARS, D/O. LATE RAJAPPA, 4. SMT. R. SHANTHI AGED ABOUT 51 YEARS, D/O. LATE M. RAJAPPA THE RESPONDENTS 2, 3 AND 4 ARE R/AT NO.260, 11TH B CROSS, 20TH MAIN, 2ND PHASE, J.P.NAGAR, BENGALURU – 560 078 SRI. R. MANIKYAM SINCE DECEASED BY HIS LRs 5. SMT. NIRMALA AGED ABOUT 54 YEARS, W/O. LATE MANIKYAM, 6. SRI. HEMANTHA KUMAR M AGED ABOUT 38 YEARS, S/O. LATE MANIKYAM, 7. KUM. HEMALAKSHMI AGED ABOUT 33 YEARS, D/O. LATE MANIKYAM, THE RESPONDENTS 5, 6 AND 7 ARE R/AT NO.260, 11TH B CROSS, 20TH MAIN, 2ND PHASE, J.P. NAGAR, BENGALURU- 560 078 ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH / SET ASIDE THE ORDERS DTD. 25.03.2017 PASSED ON I.A.NO.13 AND 14 IN O.S.NO.6915/2004 BY THE XI ADDL. CITY CIVIL JUDGE, AT BENGALURU VIDE ANNEX-G AND CONSEQUENTLY ALLOW I.A.NO.3 AND 14 THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Order dated 25.03.2017 passed in O.S.No.6915/2004 by XI Addl. City Civil Judge, Bangalore, rejecting I.A.Nos.13 and 14 filed by 5th defendant / writ petitioner for recall and tendering evidence, which has been rejected, is called in question.
2. Heard Sri. K. K. Vasanth, learned counsel appearing for the petitioner, Sri.Padmanabh Mahale, learned Senior Counsel appearing for respondent Nos.5 to 7 and Sri.A.Shivaramu, learned counsel appearing for respondent No.1, who has no objection for allowing the writ petitions conditionally by putting the writ petitioner / 5th defendant on strict terms by contending that suit is of the year 2004 and matter is being protracted before the trial court on one pretext or the other.
3. Sri.K.K.Vasanth, learned counsel appearing for the petitioner would submit that petitioner is ready and willing to abide by any such terms that may be imposed by this Court for permitting 5th defendant to tender evidence and would also cooperate with the trial court in disposing of the suit.
4. Submissions of learned Advocates is placed on record. After noticing that writ petitioner is 5th defendant who has filed independent written statement, an opportunity is to be granted to her to tender her evidence in support of her defence. An application filed by 5th defendant to permit her to lead her evidence came to be dismissed on closure of defendant’s evidence on the ground that no issue is framed casting burden on her (5th defendant) and she has not been conducting the proceedings diligently. However, it is noticed that 5th defendant has filed her written statement. Hence, she has to be afforded an opportunity. In that view of the matter impugned order deserves to be set aside and an opportunity is to be granted to 5th defendant by putting her on terms.
5. For the reasons aforestated, I proceed to pass the following:
ORDER (i) Writ petitions are hereby allowed.
(ii) Order dated 25.03.2017 passed in O.S.No.6915/2004 by XI Addl. City Civil Judge on I.A.Nos.13 and 14, is hereby set aside.
(iii) I.A.Nos.13 and 14 filed by 5th defendant / writ petitioner are hereby allowed subject to following conditions:
(a) Parties are at liberty to prepone the case to 06.06.2017 as agreed to.
(b) On the next date of hearing i.e., 06.06.2017 petitioner / 5th defendant shall tender her evidence before the trial court and shall serve copy of the affidavit, which may be filed by her in-lieu of her examination- in-chief one day prior to her evidence to the learned counsel appearing for the plaintiff and other contesting defendants.
(c) Trial court shall conclude the trial and recording of evidence of 5th defendant on the same date i.e., on 06.06.2017.
(d) Both parties shall address their arguments within one month thereof and within the dates that may be fixed by trial Court.
(e) On conclusion of arguments trial court shall pronounce the judgment within one month.
Allowing of the applications I.A.Nos. 13 & 14 is only for the limited purpose of enabling 5th defendant to tender her evidence.
Ordered accordingly.
SD/- JUDGE DR