IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION No.13379/2017 (GM-CPC) BETWEEN:
Smt. Savitha D W/o Sri Nagesh S.J Aged 33 years R/at No.21, I Floor 4th Cross, Eshwarinagar BSK III Stage Bangalore 560 085 …Petitioner (By Smt. Annapurna Bevinje, Advocate) AND:
1. Sri N.Gangadhar S/o Late Ningappa Aged about 56 years R/at Sanklipura village Siddapura Post Bhadravathi Taluk Shimoga District 2. Sri Nagesh S.J S/o Sri Jogi Gowda Aged about 41 years R/at No.21, I Floor 4th Cross, Eshwarinagar BSK III Stage, Bangalore – 560 085 Presently R/at A-1 Apartment I Floor, No.1/B, 12th Cross Mukambika Nagar BSK III Stage, Bangalore – 560 085 ...Respondents This writ petition is filed under Article 227 of the constitution of India praying to quash the Annexure-B order dated 07.03.2017 passed in S.C.No.830/2016 by the XXIII Additional Small Causes Judge and XXI Additional Chief Metropolitan Magistrate, Bangalore sitting in SCCH No.25, recalling and cancelling earlier order dated 28.02.2017 allowing IA-V at Annexure C by a writ of certiorari and direct the court to permit the petitioner to cross examine DW-1 in the said suit, etc.
This writ petition coming on for preliminary hearing this day, the court made the following:
O R D E R Smt. Annapurna Bevinje, learned counsel appearing for the petitioner submits that petitioner who has been arrayed as second defendant in S.C.No.830/2016 has filed a fresh application seeking recall of DW-1.
In that view of the matter, reserving liberty to the petitioner to pursue said application before the Trial Court, this Writ Petition stands rejected.
It is made clear that jurisdictional Court without being influenced by its earlier order dated 07.03.2017 shall consider said application filed by the petitioner herein i.e., second defendant for recalling of DW-1 on merits and in accordance with law. However, it is made clear that no opinion is expressed on the order under challenge.
SD/- JUDGE KMV/MR*