Karnataka High Court
Sri. D. S. Sudharshan vs Smt Shanti on 4 April, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:13927
WP No. 9801 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 9801 OF 2024 (GM-CPC)
BETWEEN:
1. SRI. D.S. SUDHARSHAN
S/O D.L. SRINIVAS
AGED ABOUT 60 YEARS,
2. SMT. MEENA SUDARSHAN
W/O SUDARSHAN
AGED ABOUT 55 YEARS,
BOTH ARE RESIDING AT
NO. 34, 1ST B MAIN,
MUNESHWARA HOMES,
VIVEKANANDA NAGAR,
BANGALORE - 560 085.
...PETITIONERS
Digitally signed
by R (BY SRI: CHANDRASHEKARA REDDY .M.V., ADVOCATE)
MANJUNATHA
Location: high
court of karnataka AND:
1. SMT. SHANTI,
W/O RANGASWAMY
AGED ABOUT 36 YEARS,
R/AT NO. 249/14, 1ST CROSS,
DATTATREYA EXTENSION,
GAVIPURAM GUTTAHALLI,
KEMPEGOWDANAGARA,
BANGALORE - 19.
SRI. CHANDRA KUMAR
SINCE DEAD BY LRS.,
2. SMT. C. HEMAVATHI
W/O LATE CHANDRA KUMAR
AGED ABOUT 43 YEARS
-2-
NC: 2024:KHC:13927
WP No. 9801 of 2024
3. SMT. NALINI .N.C
D/O LATE CHANDRA KUMAR
AGED ABOUT 25 YEARS
4. SUNETHRA .N.C
D/O LATE CHANDRA KUMAR
AGED ABOUT 23 YEARS
5. YOGESHA KUMAR
S/O LATE CHANDRA KUMAR
AGED ABOUT 19 YEARS
RESPONDENT NO.2 TO 5 ARE
RESIDING AT NO. 1,
MAHADESHWARA LAYOUT,
JANANSHAKATHI ROAD,
DASANPURA HOBLI,
CHIKKAGOLLARAHATTI,
LAKSHMIPURA,
BENGALURU - 562 123.
...RESPONDENTS
(BY SRI: GANGADHARA AITHAL, ADVOCATE)
THIS WRIT PETITIN IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD.
19.03.2024 PASSED BY THE HONBLE XXIV ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH-6) ON APPLICATIONS FILED UNDER
XVIII RULE 17 R/W SECTION 151 OF CPC AND UNDER SECTION 151
OF CPC PRODUCED AT ANNX-A AND CONSEQUENTLY. ALLOW THE
SAID APPLICATION FILED UNDER XVIII RULE 17 R/W SECTION 151
OF CPC AND UNDER SECTION 151 OF CPC PRODUCED AT ANNXURE-
G AND ANNXURE-H AS PRAYED FOR AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT PASSED THE FOLLOWING:
ORDER
This petition by defendants in O.S.No.6705 of 2006
on the file of learned XXIV Additional City Civil And
Sessions Judge, Bengaluru, is directed against the
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impugned order dated 19.03.2024, whereby application
filed by the petitioners-defendant Nos.3 and 4 to recall
PWs-1 and 2 for further cross examination was rejected by
the Trial Court.
2. Learned counsel for the petitioners submits
that, due to oversight and inadvertence, the previous
counsel did not effectively cross examine PWs-1 and 2
prior to the Trial Court passing the judgment and decree in
the first instance, which was set aside by this Court in RFA
No.819 of 2014 and RFA No. 184 of 2023, whereby the
matter was remanded back to the Trial Court for re-
consideration afresh in accordance with law. It is
submitted that if one more opportunity is provided to the
petitioners-defendant Nos.3 and 4 to further cross
examine PWs-1 and 2 on 19.04.2024 by stipulating a time
frame in this regard, the petitioners would complete the
cross examination of PWs-1 and 2 and also adduce further
evidence, if any, on the additional issues on 19.04.2024
NC: 2024:KHC:13927
itself and the impugned order may be modified to the said
extent.
3. Per contra, learned counsel for the respondents
submits that while PW-1 would be present before the Trial
Court for further cross-examination on 19.04.2024, PW-2
is bedridden and he is not in a position to speak or give
evidence and as such, the impugned order may be
modified to a limited extent by permitting further cross-
examination of PW-1 to be completed on the said date by
imposing an exemplary cost.
4. In view of the aforesaid facts and
circumstances, I deem it just and appropriate to dispose of
this petition by modifying the impugned order and issuing
certain directions to the parties as well as to the Trial
Court.
5. Hence, the following;
Order
i) Writ petition is hereby disposed of.
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ii) The impugned order dated 19.03.2024 passed in
O.S.No.705 of 2006 by XXIV Additional City Civil
And Sessions Judge, Bengaluru, is hereby
modified.
iii) The applications filed by the petitioners/
defendant Nos.1 and 2 to recall PWs 1 and 2 for
further cross-examination are disposed of by
permitting the petitioners to complete the further
cross-examination of only PW-1 on 19.04.2024,
without seeking any adjournment in this regard
under any circumstances whatsoever.
iv) It is directed that the petitioners shall complete
the further cross-examination of PW-1 on
19.04.2024, which shall not extend beyond 30
minutes from the time it commences before the
Trial Court
v) It is made clear that this modification of the
impugned order will not permit the petitioners to
seek cross examination of PW-2 and they shall
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be permitted only to further cross examine PW-1
as stated supra. The petitioners are also directed
to pay a cost of Rs. 10,000/- (Rupees Ten
Thousand Only) to PW-1 on the next date of
hearing before the Trial Court.
vi) It is further directed that, in addition to
completing the further cross examination of
PW-1 on 19.04.2024, the petitioners shall also
adduce the further evidence, if any, on the
additional issues framed on 02.03.2024.
vii) In view of the directions already issued by this
Court in RFA No.819 of 2014 and RFA No. 184 of
2023 and since the respondents have stated that
they have no other further evidence on the
additional issues, the Trial Court is directed to
dispose of the suit on or before 31.05.2024.
Sd/-
JUDGE
SPV
