IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.16584 OF 2018 AND WRIT PETITION No.17248 OF 2018 (GM-CPC) BETWEEN:
Sri. Honnegowda S/o Lakshmamma Aged about 57 years R/at Ramanapalya Village Hebbur Hobli Chikkasarangi Post Tumkur Taluk – 572 105. … Petitioner (By Sri. Kalyan R., Advocate) AND:
K. Krishnappa S/o Kembaiah Aged about 42 years R/at Billanakote Village Bharathinagar Sompura Hobli Nelamangala Taluk – 562 123. … Respondent (By Smt. H.R. Umadevi and Asha Kumari, Advocates) These Writ Petitions are filed under Article 227 of the Constitution of India praying to quash the impugned order dated 05.04.2018 on applications filed under Section 151 of CPC for reopening and another application under Order 18 Rule 17 of CPC for recall of PW-3 in O.S.No.1584/2011 passed by the Civil Judge and JMFC at Tumkuru at Annexure-A to the writ petition and consequently to allow the applications filed by the petitioner under Section 151 of CPC and application filed under Order 18 Rule 17 of CPC and etc.
These Writ Petitions are coming on for Orders, this day, the Court made the following:
ORDER The petitioner being the defendant in a suit for specific performance in O.S.No.1584/2011 founded on an agreement dated 12.07.2010, is invoking the writ jurisdiction of this Court for assailing the order dated 05.04.2018, a copy where of is at Annexure-A, whereby, the learned Civil Judge, Tumakuru has rejected his application under Order XVIII Rule 17 read with Section 151 of CPC, 1908 for recalling PW.3 to the witness box for further cross-examination.
2. The respondent after service of notice having entered appearance through his counsel, opposes the writ petition.
3. Having heard the learned counsel for the parties and having perused the petition papers, the order of the trial Court requires indulgence on condition and cost, since justice of the case warrants that, PW.3 be recalled to the witness box for further cross-examination on the next date of hearing of the suit.
4. In the above circumstances, these writ petitions succeed in part; the subject application having been allowed, the petitioner is permitted to further cross-examine PW.3 on the next date of hearing on payment of cost of Rs.5,000/- to the respondent-plaintiff on or before the said date, failing which, the order now quashed stands resurrected.
The learned Trial Judge is requested to dispose off the suit within an outer limit of four months.
Sd/- JUDGE NR/-