IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 45747 OF 2018 (GM-CPC) BETWEEN:
SRI. C. S. PAVAN, S/O LATE SADASHIVAMURTHY, AGEDA BOUT 29 YEARS, R/A BASAVANAHALLI MAIN ROAD, BASAVANAHALLI, CHIKMAGALORE-577 101.
(BY SRI. K N NITISH, FOR SRI. K N NARASIMHAN,ADVOCATES) AND:
SMT. RENUKAMANI, AGED ABOUT 58 YEARS, R/A DAKSHYINI NILAYA, BACK SIDE OF GANESHA SAWMILL, BASAVANAHALLI, CHIKMAGALORE-577 101.
(BY SRI. K B NAVEEN KUMAR, ADVOCATE) … PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNEX-E, I.A.NO.9 DATED 04.10.2018 PASSED BY THE LEARNED II ADDL. SR. CIVIL JUDGE AND JMFC AT CHIKKAMAGALUR IN O.S.NO. 137/2015.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the defendant in a partition suit in O.S.No.137/2015 is knocking at the doors of Writ Court for assailing the order dated 04.10.2018 at Annexure-E, whereby his application in IA No.9 filed under Section 151 of CPC, 1908, for reopening the case for the purpose of cross-examining PW1 has been dismissed. After service of notice, the respondent having entered appearance through her counsel, resists the writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, although the impugned order is not falterable, reprieve in the nature of leave to lead defence evidence needs to be granted to the petitioner regard being had to the facts and circumstances of the suit. Since denying a limited relief would result into a manifest injustice and a great hardship to the petitioner. Learned counsel for the respondent fairly enough does not much oppose the grant of same.
In the above circumstances, petition is disposed off permitting the petitioner to lead defence evidence in the suit, in accordance with law, all contentions of the parties having been kept open.
Sd/- JUDGE Bsv