IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8th DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.12884-885 OF 2019 ( GM-FC) BETWEEN:
Smt.Saipriya Aged about 22 years D/o Padmanabha Raju R/at No.24, Indlabele Main Road, Near Sharada High School, Venu Layout Attibele, Anekal Taluk, Bengaluru-562107. (By Sri.R.Abhinav, Adv.) AND:
Mr.T.Y.Vinod S/o T.S.Yellaraju D.No.43/1, 8th Main Road, 12th Cross, Saraswathipuram, Mysuru-570009.
(By Sri.P.N.Manmohan, Adv.) …PETITIONER ...RESPONDENT These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash the common order dated 28.02.2019 passed in M.C.No.123/2018 on the file of I Addl.Prl.Judge, Family Court at Mysuru, at Annexure-E and consequently by allowing the I.A. filed under Order XVIII Rule 17 r/w Section 151 of CPC, 1908, at Annexure-C and I.A. filed under Section 151 of CPC, 1908, at Annexure-D.
These Writ Petitions coming on for Preliminary Hearing ‘B’ Group this day, the Court made the following:-
ORDER Sri. R. Abhinav, learned counsel for the Petitioner.
Sri. P.N.Manmohan, learned counsel for the Respondent.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition filed under Article 226 of the Constitution of India, the petitioner has assailed the validity of the order dated 28.02.2019 passed by the Family Court, Mysuru, by rejecting the application filed by the petitioner for cross-examination of Plaintiff witnesses 1 and 2.
3. Learned counsel for the petitioner submits that an opportunity be given to the petitioner to cross- examine the aforesaid witnesses and he is also ready and willing to pay the costs for appearance of Plaintiff witnesses 1 and 2, as may be directed by this Court.
4. The aforesaid prayer is not opposed by the learned counsel for the Respondent.
5. In view of the aforesaid submission and with a view to afford an opportunity of fair trial to the petitioner, the impugned order dated 28.02.2019 is hereby quashed. It is directed that Plaintiff witnesses 1 and 2 shall remain present before the Court below on 22.04.2019. On the aforesaid date, the petitioner shall positively cross-examine them with a clear understanding that no further opportunity would be given to the petitioner to cross-examine Plaintiff witnesses 1 and 2. In addition, the petitioner shall pay a sum of Rs.5,000/- each by way of costs before the next date of hearing.
6. With the aforesaid observations, the petition is disposed of.
Sd/- JUDGE Srl.