IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.18248 OF 2018 (GM-CPC) BETWEEN SRI. R. CHANDRASHEKAR, S/O A.K. RAMAKRISHNA, AGED ABOUT 59 YEARS, RESIDING AT NO.50, KODANDARAM GARDEN, COX TOWN, JEEVANAHALLI, BENGALURU - 560005. … PETITIONER (BY SRI. JANARDHANA G, ADVOCATE) AND 1. SRI. P.V. NAGARAJ, S/O LATE VENKATRAM, AGED ABOUT 59 YEARS, 2. MRS. V. VANAJAKSHI, W/O SRI. P.V. NAGARAJ, AGED ABOUT 49 YEARS, BOTH RESIDING AT NO.78, NEW NO.52, CHARLES CAMPBELL ROAD, COX TOWN, BENGALURU - 560005. … RESPONDENTS (BY SRI. P. VENKATARAMANA, ADVOCTE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.04.2018 PASSED BY THE XIII CITY CIVIL & SESSIONS JUDGE, MAYO HALL, BENGALURU (CCH-22), IN ALLOWING I.A’S FILED BY THE RESONDENT U/S 151 OF CPC O.S.NO.15993/2005 TO RECALL AND REOPEN THE CASE FOR FURTHER CROSS EXAMINATION OF PETITIONER, UNDER ANNX- G AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in a specific performance suit in O.S.No.15993/2005, founded on an Agreement to Sell dated 2.2.2002, is invoking the writ jurisdiction of this court for assailing the order dated 7.4.2018 whereby the learned trial Judge having favoured respondent-defendants’ application has reopened the case for further cross- examination of PW.1.
2. After service of notice, the respondent-defendants having entered appearance through their counsel resists the Writ Petition.
3. Having heard the learned counsel for the parties and having perused the Petition Papers, this court is of the considered opinion that justice of the case warrants that the respondent should be permitted to further cross-examine PW.1 of course, on payment of a cost of Rs.15,000/- on or before the next date of hearing of the suit, said date failing which the right to further cross-examine granted by the impugned order stands forfeited.
All other contentions of the parties are kept open.
Sd/- JUDGE cbc