IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.54244 OF 2017 (GM-CPC) BETWEEN:
SRI CHOWDAPPA K, S/O LATE KRISHNAPPA, AGED ABOUT 35 YEARS, #43, SHAMPURA MAIN ROAD, ARABIC COLLEGE POST, NEAR SHAMPURA GOVERNMENT SCHOOL, BENGALURU-560045. ...PETITIONER (BY SRI SANJAY YADAV B, ADVOCATE FOR SRI S MAHESH) AND 1 . SRI RAMU @ RAMAPPA, S/O LATE LAKSHMAIAH, SINCE DEAD BY LRS, 1A. SMT GANGAMMA, W/O LATE RAMU @ RAMAPPA, AGED ABOUT 60 YEARS, 1B. SMT JAYAMMA, D/O LATE RAMU @ RAMAPPA, AGED ABOUT 40 YEARS, 1C. SRI SRINIVASAMURTHY, S/O LATE RAMU @ RAMAPPA, AGED ABOUT 38 YEARS, 1D. SRI R LOKESH, S/O LATE RAMU @ RAMAPPA, AGED ABOUT 32 YEARS, 1E. SRI R VENKATESH, S/O LATE RAMU @ RAMAPPA, AGED ABOUT 38 YEARS, 1F. SMT NAGAVENI, D/O LATE RAMU @ RAMAPPA, AGED ABOUT 40 YEARS, RESPONDENTS 1A TO 1F ARE RESIDING AT NO.10, OLD NO.39, SHAMPURA MAIN ROAD, NEAR A.M.C. HOSTEL, K.G.HALLI, BENGALURU-560045.
2. SRI PILLAPPA @ MANJUNATHA, S/O LATE MUNINARAYANAPPA, AGED ABOUT 40 YEARS, RESIDING AT NO.12, SHAMPURA MAIN ROAD, BANGALORE 560045.
3. SRI KRISHNAPPA, S/O LATE LAKSHMAIAH, AGED ABOUT 65 YEARS, R/A NO.11, SHAMAPURA MAIN ROAD, BANGALORE-560045.
4. SRI SRINIVASA, S/O LATE LAKSHMAIAH, AGED ABOUT 50 YEARS, R/A NO.13, SHAMAPURA MAIN ROAD, BANGALORE-560045, SINCE DEAD BY LS, 4A. SMT RATHNAMMA, W/O LATE L.SRINIVASA, AGED ABOUT 48 YEARS, 4B. SRI MANJU @ MANJUNATH, S/O LATE L.SRINIVASA, AGED ABOUT 30 YEARS, 4C. SRI S VENKATESH, S/O LATE L.SRINIVASA, AGED ABOUT 27 YEARS, 4D. SRI VAJRA, S/O LATE L.SRINIVASA, AGED ABOUT 24 YEARS, RESPONDENTS 4A TO 4D ARE RESIDING AT NO.37, SHAMPURA MAIN ROAD, LAKSHMAIAH LAYOUT, K.G.HALLI, BENGALURU-560045.
5. SMT HEMAVATHI K, W/O LATE KEMPANNA, AGED 40 YEARS, R/A NO.14, SHAMPURA MAIN ROAD, BANGALORE-560045. …RESPONDENTS (BY SRI H.R. ANANTHAKRISHNAMURTHY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 21.8.2017 PASSED BY THE HON’BLE CIVIL JUDGE, MAYO HALL, BENGALURU IN O.S.15666/2006 REJECTING THE APPLICATION FILED BY THE PETITIONER HEREIN UNDER ORDER 18 RULE 4 R/W SEC. 151 OF CPC AT ANNEX-D AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Both the sides having argued the matter for some time are broadly in agreement with the suggestion of this court that fresh evidence may be permitted to be lead by the petitioner’s side keeping the affidavit evidence in question on record, intact.
Ordered accordingly.
The suit in O.S.No.15666/2006 apparently being more than a decade old, needs to be tried and disposed off within an outer limit of six months. A request is made to the learned trial Judge accordingly, all contentions of the parties having been kept open.
Costs made easy.
Sd/- JUDGE cbc