IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION No.16984/2017(GM-CPC) BETWEEN:
Shivakumar M.P. S/o Patel Mariyappa Aged about 54 years R/o Meersab Halli Village Challakere Taluk-577 522 Chitradurga District. …Petitioner (By Sri B.M.Siddappa, Advocate) AND:
1. Suma D/o Patel Mariyappa Agriculturist Aged about 47 years R/o. Meersab Halli Village Challakere Taluk-577 522 Chitradurga District.
2. Bharathamma M., W/o P.B.Vemanna Aged about 62 years R/o. Meersab Halli Village Challakere Taluk-577 522 Chitradurga District.
3. Anasuyamma W/o P.B.Dayananda Aged about 54 years Agriculturist, R/o. Meersab Halli Village Challakere Taluk-577 522 Chitradurga District.
4. Nirmala M. W/o Nagaraj Aged abut 51 years Teacher, R/o Valmiki Nagar Gurukrupa Nilaya Challakere-577 522 Chitradurga District.
5. Nagamani W/o O.L.Manjukumar House Wife Aged about 49 years R/o. 6th Cross, IUDP layout Near Ganesh Temple Chitradurga-577 501.
(By Sri Spoorthy Hegde N., Advocate) …Respondents This writ petition is filed under Article 227 of the Constitution of India praying to quash the order passed by the learned Senior Civil Judge and JMFC, Challakere in O.S.No.47/2013 on IA No.16 dated 7.4.2017 vide Annexure-E; and etc.
This writ petition coming on for preliminary hearing, this day the Court made the following:-
O R D E R Heard Sri Siddappa and Sri Spoorthy Hegde, learned Advocates appearing for the parties. Perused the records.
2. Petitioner is third defendant in O.S.No.47/2013. An application filed under Order 16 Rule 1(3) read with Section 151 of CPC seeking leave of the Court to furnish additional list of witness having been rejected, is called in question in this writ petition.
3. Perusal of the impugned order would indicate that several opportunities were granted to the petitioner-third defendant and yet third defendant did not make use of the opportunity and records would also disclose that whenever matter is listed for final arguments, applications have been filed to protract the proceedings. However, to ensure that defendant is granted full opportunity to defend his rights, one more opportunity deserves to be granted by putting him on terms and to avoid multiplicity of proceedings. Hence, this Court is of the considered view that the prayer sought for in IA No.16 deserves to be allowed conditionally. Hence, following order is hereby passed.
(i) Writ petition is hereby allowed.
(ii) Order dated 7.4.2017 Annexure-E passed by Senior Civil Judge, Challakere, is hereby set aside subject to the following conditions;
(a) Petitioner shall keep his witnesses present on the next date of hearing without waiting for certified copy of this order and shall examine them on the next date of hearing without fail.
(b)Petitioner shall not seek for any further adjournment before trial Court and shall co-operate with the trial Court in speedy disposal of the suit.
(c) Petitioner third defendant shall pay cost of Rs.3,000/- to the plaintiff.
(d) If for any reason petitioner were to seek for adjournment without any justifiable cause, trial Court would be at liberty to regulate its proceedings if necessary by imposing costs on the third defendant or any other party who seek for any adjournment without justifiable cause being offered.
Sd/- JUDGE *ap/-