IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 51408 OF 2019 (GM-CPC) BETWEEN:
SRI S SRINIVASAIAH @ S.SRINIVAS S/O.LATE SEETHARAMAIHA, AGED ABOUT 55 YEARS, ADVOCATE R/AT OPP- THIRUMALA KALYANA MANTAPA MARUTHI EXTENSION, MALLUR, KOLAR DISTRICT – 563 122.
(BY SRI. SRINIVAS MURTHY S R, ADVOCATE) AND:
SRI R GOPALAIAH S/O.LATE RANGAPPA, AGED ABOUT 65 YEARS, R/AT MALLAPALLI, RAGADAHALLI VILLAGE, ROBERTSONPET HOBLI, BANGARPET TALUK, KOLAR DISTRICT – 563 130.
… PETITIONER … RESPONDENT (NOTE: SINCE DEFENDANT NO.2 IS NOT CHALLENGING THE ORDER DATED 10.01.2018 AND DEFENDANT NO.2 IS NOT AGRRIEVED PARTY) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC, AT KGF BY ITS ORDER DATED 25.01.2018 PASSED IN O.S.NO. 224/2008 AT ANNEXURE-D AS IN I.A.NO.13.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the defendant in a partition suit in O.S.No.224/2008 is invoking the writ jurisdiction of this Court for assailing the order dated 25.01.2019, a copy whereof is at Annexure-D whereby the learned II Additional Civil Judge, KGF, has allowed respondent’s application in IA No.13, for reopening the case for recalling witness DW1 to the box for further cross-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 of the kind is a product of exercise of discretion which the Court below in its accumulated wisdom had employed; the Apex Court in the case of SADHANA LODH VS. NATIONAL INSURANCE COMPANY, (2003) 3 SCC 524, has held that the Writ Court exercising the limited supervisory jurisdiction under Article 227 of the Constitution of India, shall not ordinarily undertake deeper examination of such orders subject to exceptions into which case of the petitioner does not fit.
In the above circumstances, this writ petition fails.
However, the learned trial judge is requested to accomplish the trial & disposal of the suit as expeditiously possible and preferably within a period of seven months.
All contentions of the parties are kept open.
Sd/- JUDGE Bsv