IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50968 OF 2019 (GM-CPC) BETWEEN:
Sri Hilary Walter Menezes S/o late Pascal Menezes Aged about 57 years Coffer Grower R/at “ALICIA”
Behind Balmatta Post Office Upper Bendur Mangalore – 575 002 ... PETITIONER (by Shri G. Chandrashekaraiah, Advocate) AND:
1. Smt. Alice Menezes W/o late Pascal Menezes Aged about 87 years R/at No.107, Classique Symphony Balika Ashram Road Kankanady Mangalore – 575 002 2. Sri L.P,. Menezes S/o late Pascal Menezes Aged about 69 years R/at No.8/5/370/2 “EDEN”, Rama Rao Compound, Ferry Road, Kulur Kodialbail Post Mangalore – 575 002 3. Sri Felix William Menezes S/o late Pascal Menezes Aged about 61 years r/at near Telephone Exchange Niduvale at Hand Post Balur Hobli, Mudigere Taluk Chikkamagalur 577 122 4. Smt. Rosie Goveas D/o late Pascal Menezes w/o Walter Goveas aged about 68 years r/at Brindavan Estate Mathikatte village Banakal Hobli, Mudigere Taluk Chikkamagalur – 577 113 5. Smt. Emilia Veronica Lobo W/o Richard Lobo Aged about 59 years Teacher R/at Prashant Bhag Kembar Road, Padil Post Mangalore – 5645 007 6. Ms. Glezeria Malachy Menezes d/o late Pascal Menezes aged about 52 years Classique Symphony Apartments Flat No.107, Kankanady Post Mangalore – 575 002 …RESPONDENTS This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the order dated 24.09,.2019 passed on IA.30 in OS No.42 of 2015 on the file of the Senior Civil Judge and JMFC at Mudigere filed by the defendant no.2 under section 151 of CPC seeking recalling of PW1 to PW3 for further cross examination; and etc.
This writ petition coming on for preliminary hearing, this day, the court made the following:
O R D E R The petitioner being the plaintiff in a declaratory suit in OS No.42 of 2015 is grieving before the writ court against the order dated 24th September, 2019 a copy whereof is at Annexure-A whereby the learned Senior Civil Judge, Mudigere having favoured respondent’s application in IA No.30 and thereby having reopened the case, has recalled PWs 1 to 3 for further examination.
2. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as the impugned order is a classic product of exercise of discretion, and therefore, the writ court cannot undertake a deeper scrutiny thereof as held by the Hon’ble Supreme Court in the case of SADHANA LODH v. NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER reported in (2003)3 SCC 524.
3. However, to give effect to the impugned order, the learned Trial Judge shall ensure that the said witnesses shall be further cross-examined within a period of one month as an outer limit and that the respondents shall not be given any more adjournments for this purpose, except on heavy cost.
Writ petition is accordingly disposed off.
Sd/- JUDGE lnn