IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.26961 OF 2019 (GM-CPC) & WRIT PETITION NOS.27311-27312 OF 2019 (GM-CPC) BETWEEN:
SMT. SHEILA J MIRJI W/O. SRI JYOTHI PRAKASH MIRJI AGED AOBUT 59 YEARS RESDING AT:
C-101, NR ORCHID GARDENIA RACHENAHALLI MAIN ROAD JAKKUR HOBLI, BANGALORE ... PETITIONER (BY MISS. VAISHALI SHAH FOR SRI CHINMAY J.MIRJI, ADVOCATE) AND:
SMT. KAMALAMMA W/O. LATE N. GOPALA REDDY AGED ABOUT 70 YEARS RESIDING AT NO.9 ROOPENA AGRAHARA MADIWALA POST BANGALORE – 560 068 ... RESPONDENT (BY SRI RANGANATH REDDY R., ADVOCATE FOR C/R) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.06.2019 PASSED BY THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE IN O.S.NO.7325/2016 DISMISSING ALL 3 IA’S AT ANNEXURE-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the defendant in an ejectment suit in O.S.no.7352/2016 is invoking the writ jurisdiction of this Court for assailing the order dated 14.06.2019, a copy whereof is at Annexure-A, whereby, her applications having been rejected by the learned City Civil Judge, Bengaluru, she has been denied the opportunity of cross-examining the P.W.1. The respondent-plaintiff having entered appearance through her counsel initially opposed the Writ Petitions.
2. However, having argued the matter, both the parties are broadly in agreement with the suggestion of this Court that the petitioner be permitted to cross-examine P.W.1 on the next date of hearing or within one month, whichever is later; to that extent, the impugned order is set at naught and direction is issued to the Court below to take steps accordingly.
3. Submission of the learned counsel for the petitioner that she is ready and willing to pay the arrears of rent and that her offer of payment was declined by the respondent herein is placed on record. The petitioner shall deposit the entire rental dues within a period of eight weeks in the Court below, which shall take steps to release the same in favour of the respondent forthwith. If the rent is now undertaken to be paid is not deposited, the defence of the petitioner shall be struck off.
Accordingly, these Writ Petitions are disposed off. No costs.
Sd/- JUDGE DS