IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR W.P.NO.54782/2015 (GM-CPC) BETWEEN:
SMT. THULASAMMA @ BHANUMATHI W/O MAHADEVU AGED ABOUT 39 YEARS R/AT NO.1943, 12TH CROSS AHOKAPURAM MYSORE-570 001. ... PETITIONER (BY SRI.VINAY FOR SRI. MANMOHAN P.N., ADVOCATE) AND:
1. R. RANGA AGED ABOUT 78 YEARS 2. SMT. SAVITHRAMMA AGED ABOUT 69 YEARS 3. SMT. GOWRAMMA AGED ABOUT 63 YEARS 4. SMT. HANUMAMMA @ PUTTAMMA AGED ABOUT 40 YEARS RESPONDENT NO.1 IS THE SON AND RESPONDENT NOS.2-4 ARE THE DAUGHTERS OF LATE RANGA AND RESIDING AT NO.4236, 5TH CROSS SHAMBULINGESHWARA TEMPLE ROAD, GANDHI NAGAR MYSORE-570 007. ... RESPONDENTS (BY SRI.RUPESH KUMAR S, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 01.12.2015 PASSED ON I.A.NO.19 IN O.S.NO.417/2001 PASSED BY THE PRINCIPAL JUDGE, SMALL CAUSES COURT AT MYSORE VIDE ANNEXURE-E.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Vinay, learned Advocate appearing on behalf of Sri. Manmohan P.N for petitioner and Sri. S.Rupesh Kumar, learned Advocate appearing for respondents. Perused the case papers.
2. In the suit instituted by respondents in O.S.No.417/2001 before Principal Judge, Court of Small Causes, Mysore for the relief of partition of suit schedule property, present writ petitioner who is arrayed as seventh defendant has contested the suit by raising a plea that by virtue of Will dated 05.11.1984 executed by Sri R. Sanjeevaiah during his life time he has acquired title to the properties. In order to prove execution of the Will, said document came to be produced and it was got marked as Ex.D.1. When the matter was set down for arguments, seventh defendant filed an application under Order 16 Rule 1 and 2 CPC enclosing therewith list of two witnesses to be examined on behalf of defendant Nos. 7 and 8, which application came to be opposed by the plaintiffs and trial Court after considering rival contentions has observed that second witness namely, Sri M.Mariyappa whom defendant Nos. 7 and 8 proposed to examine had already deposed and had identified signature of the attestor as Ex.D.1(d) and as such examining same witness yet again would not arise. Said finding arrived at by the trial Court does not suffer from any infirmity whatsoever.
3. Insofar as first witness in the list namely, Sri Narayana who is said to be the son of Sri K.V.Venkataramaiah (Scribe of Ex.D.1) is concerned, Sri Rupkesh Kumar, learned Advocate appearing for respondents submits that respondents will have no objection for defendants-7 and 8 to examine said witness -Sri Narayana, but it should be without any delay. Said submission is placed on record.
Hence, I proceed to pass the following:
ORDER (1) Writ petition is hereby allowed.
(2) Order dated 01.12.2015 passed on I.A.No.19 by the Principal Judge, Court of Small Causes, Mysuru in O.S.No.417/2001 is hereby set aside in part.
(3) I.A.No.19 – Annexure-C is hereby allowed in part and defendants-7 and 8 are permitted to examine the witness - Sri Narayana, s/o Sri K.V.Venkataramaiah.
(4) Petitioner shall secure the presence of said witness on the next date of hearing before trial Court and examine said witness without fail.
(5) On completion of his evidence being recorded, learned Advocates are at liberty to address their arguments on main and trial Court shall dispose of the suit on merits and in accordance with law expeditiously, at any rate, within a period of four months from the date of receipt of a copy of this order.
SD/- JUDGE *sp