Karnataka High Court
Sri K N Gopalachar vs Smt Gangamma on 29 November, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2023:KHC:43506
WP No. 21488 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 21488 OF 2023 (GM-CPC)
BETWEEN:
SRI. K.N.GOPALACHAR,
S/O K.V. NARAYANSWAMY,
AGED ABOUT 63 YEARS,
R/AT SABEENAHALLI VILLAGE,
KASABA HOBLI,
CHIKKABALLAPURA TALUK
AND DISTRICT - 562 101.
...PETITIONER
(BY SRI. LOKESH BABU M., ADVOCATE)
AND:
Digitally signed by 1. SMT.GANGAMMA,
A K CHANDRIKA
Location: High W/O LATE VENKATESH @ RAVI,
Court Of AGED ABOUT 47 YEARS,
Karnataka
2. SRI. SHASHI KUMAR,
S/O LATE VENKATESH @ RAVI,
AGED ABOUT 28 YEARS,
BOTH ARE RESIDING AT
NALLIMARADHALLI VILLAGE,
KASABA HOBLI,
CHIKKABALLAPURA TALUK
AND DISTRICT - 562 101.
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NC: 2023:KHC:43506
WP No. 21488 of 2023
3. UNITED INDIA INSURANCE CO. LTD.,
SBLT BUILDING,
POLYTECHNIC ROAD,
CHINTAMANI,
CHIKKABALLAPURA DISTRICT - 563 125.
INSURER OF THE VEHICLE,
UNDER INSURANCE POLICY,
NO. 0715023117P116620505,
VALID FROM 10-02-2028,
TO 19-02-20190.
4. SRI.NATARAJ.B.L,
S/O LAKSHMAIAH,
AGED ABOUT 43 YEARS,
R/AT NAKKALABACHAHALLI VILLAGE,
NANDI HOBLI,
CHIKKABALLAPURA TALUK
AND DISTRICT - 562 101.
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 28.6.2023 PASSED IN MVC.NO.84/2018 ON IA NO.9
AND 10 BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT
CHIKKABALLAPURA AS PER ANNEXURE - A AND ALLOW THE
SAID APPLICATIONS FILED BY THE PETITIONER UNDER
ORDER-18 RULE17 R/W SECTION 151 OF CIVIL PROCEDURE
AND APPLICATION FILED U/S 151 OF CPC AND ETC.
THIS PETITION, COMING ON ORDERS FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:43506
WP No. 21488 of 2023
ORDER
The petitioner, respondent No.2 in MVC.No.84/2018 on
the file of II Additional Senior Civil Judge and JMFC,
Chikkaballapura, is before this Court questioning the order
dated 28.06.2023 on I.A.Nos.9 and 10, rejecting application
filed under Section 151 of the Code of Civil Procedure, 1908
(for short 'CPC') to reopen the stage and application filed under
Order 18 Rule 17 of CPC, praying to recall PW.1 for further
cross-examination.
2. Heard Sri. Lokesh Babu.M., learned counsel for the
petitioner and perused the writ petition papers.
3. Learned counsel for the petitioner would submit
that the petitioner-respondent No.2 in the claim petition partly
cross-examined PW.1 on 16.03.2022 and further sought time
to cross-examine. Thereafter, for various reasons, the
petitioner could not cross-examine PW.1.
It is further submitted that claim petition is posted for
judgment to 04.12.2023.
4. A perusal of the impugned order would indicate that
the petitioner partly cross-examined PW.1 on 16.03.2022 and
NC: 2023:KHC:43506
thereafter PW.1 was present for further cross-examination on
06.07.2022, 13.08.2022, 21.09.2022, 02.11.2022, 11.01.2023,
24.05.2023 and 14.06.2023, but the petitioner failed to cross-
examine PW.1. Therefore, on 14.06.2023, the Tribunal took
further cross-examination of PW.1 by the petitioner as nill.
Thereafter, till this date, the petitioner slept over the matter
and when the matter is posted for judgment, he is before this
Court. No extraordinary ground is made out to reopen the case
from the stage of judgment. Normally, when the suit is posted
for judgment, stage would not be reopened unless
extraordinary ground is made out.
5. In the above circumstances, I decline to exercise
jurisdiction under Article 227 of the Constitution of India.
Accordingly, writ petition stands rejected.
Sd/-
JUDGE
SMJ
