IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.49680/2016 (GM-CPC) BETWEEN:
SRI. BHAWARLAL KHIVESRA S/O. LATE SRI. PRATAP CHANDJI, AGED ABOUT 70 YEARS, R/AT NO.39, MAHARAJA PARADISE, PUTTANNA CHETTY ROAD, CHAMRAJPET, BANGALORE-560 018 ... PETITIONER (BY SRI. PARAS JAIN, ADVOCATE) AND:
1. SRI. SIDHACHAL STULBHADRA DHAM SHASAN PRABHAVAKA TRUST, PARIWALGUDA, BANGALORE HYDERABAD HIGHWAY, NO.7, DEVANAHALLI, BANGALORE DISTRICT.
ITS BANGALORE OFFICE AT SRI PARSHWANATH JAIN TEMPLE, 4TH MAIN ROAD, GANDHINAGAR, BANGALORE – 56 009 2. SRI. BHAVESH PAREKH MAJOR, R/O NO.16, S.V. LANE, CHICKPET, BANGALORE – 560 009 3. SRI. RAVILAL L. SHAH S/O. LAVJIBHAI PAREKH, AGED ABOUT 79 YEARS, R/O NO.106, RAMNIVAS, 3RD CROSS, A.R.EXTENSION, P.B.NO.9924, GANDHINAGAR, BANGALORE – 560 009 4. SRI. NEMICHAND LUNKAD S/O. ANRAJJI LUNKAD, AGED ABOUT 52 YEARS, R/O. MUNICIPAL OFFICE ROAD, NEAR BTS TERMINUS, YELAHANKA, BANGALORE – 560 064 5. SRI.PRAVEEN CHANDRA R. SHAH AGED ABOUT 70 YEARS, C/O. POORNIMA NOVELTIES, NO.23-A, CRESCENT ROAD, KUMARA PARK EAST, BANGALORE – 560 001.
6. SRI. B. INDER CHAND BOHRA S/O. B.G. BHAWARLAL BOHRA, AGED ABOUT 48 YEARS, R/A NO.9/3, OSBORNE ROAD, BANGALORE – 560 051 7. SRI.M. JAYACHAND CHUTTAR S/O. MANGALCHANDJI CHUTTAR, MAJOR, R/A NO.22, JAIN TEMPLE ROAD, BANGALORE – 560 051 8. SRI. UDAYAN R. SHAH AGED MAJOR, R/AT NO.55, SERPENTINE ROAD, 9TH A CROSS, KUMARA PARK EAST, BANGALORE – 560 001 9. SRI.H.PRAKASH CHAND KOTHARI S/O. HASTIMALJI KOTHARI, AGED ABOUT 38 YEARS, R/A NO.1424, NEAR BTS TERMINUS, YELAHANKA, BANGALORE – 560 064 10. SRI. MOOLCHANDJI NAGOTRA MAJOR, R/AT NO.11, HOTEL SUJATHA COMPLEX, 1ST CROSS, GANDHINAGAR, BANGALORE – 560 009 ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 18.07.2016 PASSED ON MEMO, BY THE COURT OF CIVIL JUDGE (SR. DN.) AT DEVANAHALLI AT ANNEX-B IN O.S.NO.264/2006 AND PRAYS FOR SUCH OTHER RELIEFS AS THIS HON’BLE COURT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Paras Jain, learned counsel appearing for petitioner after arguing the matter for sometime submits that he may be given liberty to seek for recalling of P.W.2 in view of memo filed by the counsel appearing for defendants (writ petitioner) having been rejected by the trial Court.
Liberty is granted to petitioner to file appropriate application for recall of P.W.2 and in the event of such application being filed, trial Court shall consider the same in accordance with law after affording an opportunity to the plaintiff. No opinion is expressed in that regard.
SD/- JUDGE DR