IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8th DAY OF *JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE B.M.SHYAM PRASAD WRIT PETITION NOS. 36280 OF 2017 AND 39086 – 39087 OF 2017 (GM-FC) BETWEEN:
RAMESH. V SON OF G. VENKATESH NO.110 NAGENDRA BLOCK 3RD CROSS, 2ND "C" CROSS S.B.M. COLONY BENGALURU - 560 050.
(BY SRI. GANAPATHY BHAT, ADVOCATE) AND:
APARNA RAMESH DAUGHTER OF SRI. N. SUNDER RAJ RESIDING AT NO.410, 6TH MAIN 2ND BLOCK, H.R.B.R. LAYOUT KALYAN NAGAR, BENGALURU - 560 043.
...PETITIONER … RESPONDENT (BY SRI. L. S. VENKATAKRISHNA, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 20.07.2017 IN M.C. 2142 *CORRECTED VIDE CHAMBER ORDER DATED 12.03.2019 OF 12 ON THE FILE OF 2ND ADDL. PRL. JUDGE, FAMILY COURT AT BENGALURU AT ANNEXURE - H.
THESE WRIT PETITIONS COMING ON FOR ODERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petition is listed for ‘Being Spoken To’.
The writ petition is filed impugning the order dated 20.7.2017 in M.C.No.2142/2012 on the file of the II Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court has rejected the applications filed by the petitioner for recall of the order dated 29.6.2017; permission to lead further evidence and to examine different witnesses as per the witness list. It is submitted by the learned counsel for the parties that the impugned order could be set aside and the petitioner be permitted to lead further evidence, including examination of different witnesses mentioned in I.A.No.6.
In view of the aforesaid submission, the writ petitions are allowed. The impugned orders are set aside. The petitioner is permitted to lead further evidence including the examining the different witnesses as mentioned in I.A.6.
SD/- JUDGE nv