IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.50932 OF 2018 & WRIT PETITION NOS.52041-52043 OF 2018 (GM-CPC) Between:
1. Sri. Sugata Srinivasa Raju, The Editor-in-Chief, ‘Kannada Prabha’, A Kannada Daily Newspaper, (Major in age), At No.36, Crescent Road, Opp: Mallige Hospital, Shivananda Circle, Bengaluru-560 001.
2. Sri. Vasudev Shetty, The Printer & Publisher, ‘Kannada Prabha’, A Kannada Daily Newspaper, (Major in age), At No.36, Crescent Road, Opp: Mallige Hospital, Shivananda Circle, Bengaluru-560 001.
3. Sri.J.Mahadeva, A Reporter, ‘Kannada Prabha’, A Kannada Daily Newspaper, (Major in age), At No.36, Crescent Road, Opp: Mallige Hospital, Shivananda Circle, Bengaluru-560 001.
4. M/s. Kannada Prabha Publications Limited, A Company incorporated under the provisions of Companies Act, 1956 Proprietor, ‘Kannada Prabha’, A Kannada Daily Newspaper, (Major in age), At No.36, Crescent Road, Opp: Mallige Hospital, Shivananda Circle, Bengaluru-560 001.
Represented by its Authorised Signatory, Mr.Mathevanpillai Sivram.
(By Sri.Manu Kulkarni, Advocate for Sri.Sanjanthi Sajan Poovayya, Advocate) And:
Dr.Neeraj Patil, S/o. Sri. Shatchandra Patil, Aged about 51 years, Permanent resident of House No.2, MIG, Shantinagar, Gulbarga-585 103, Director, The Basaveshwara Foundation, Presently working at London, Office-2, Rear Houghton Square, 378, Clapham Road, London, United Kingdom SW9 9AN. (By Sri.K.Jayaram, Advocate) … Petitioners … Respondent These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to call for records in O.S.No.1128/2016 connected with O.S.No.9647/2015 on the files of the LIX Additional City Civil and Sessions Judge, Bengaluru City (Court Hall-60); quash the order dated 3.11.2018 passed in O.S.No.1128/2016 connected with O.S.NO.9647/2015 on the files of the LIX Additional City Civil and Sessions Judge, Bengaluru City (Court Hall-60) vide Annexure-A and etc.
These Writ Petitions coming on for Orders this day, the Court made the following:-
ORDER The petitions are admitted for hearing. With the consent of both parties, the same is heard finally.
2. In these petitions filed under Article 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 03.11.2018, by which the trial Court has rejected the application filed by the petitioners under Order XVIII Rule 17 of the Code of Civil Procedure, 1908 for granting further opportunity to cross-examine PW-1.
3. Learned counsel for the petitioners submits that on account of the reasons beyond the control of the petitioners, the cross-examination could not be concluded and thereafter, on the next date, the right of the petitioners to cross-examine PW-1 was closed.
4. On the other hand, learned counsel for respondent submits that the petitioners may be granted one more opportunity to cross-examine PW-1, subject to terms and conditions as this Court may deem fit.
5. In view of the aforesaid submission and in the facts of the case and with a view to ensure an opportunity of fair trial to the petitioners, the impugned order dated 03.11.2018 is hereby quashed. The petitioners are granted last and final opportunity to cross-examine PW-1 on a date to be fixed by the trial Court.
6. It is needless to state that on the aforesaid date in case the petitioners fail to cross-examine PW-1, their right to cross-examine PW.1 shall stand closed and no further opportunity will be granted to them in this regard. In addition to this, the petitioners shall pay a sum of Rs.5,000/- by way of cost to the respondent- plaintiff. Accordingly, the trial Court is directed to expeditiously dispose of the suit.
With the aforesaid directions, the writ petitions are disposed of.
Sd/- JUDGE dn/-