Karnataka High Court
Smt. Rudravva W/O Basayya Gudi vs Lakshmibhai W/O Nanasaheb Deshpande on 5 August, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC-D:11000
WP No. 103948 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
WRIT PETITION NO. 103948 OF 2024 (GM-CPC)
BETWEEN
1. SMT. RUDRAVVA W/O. BASAYYA GUDI,
AGE: 76 YEARS, OCC: HOUSEHOLD WORK
R/O. NEAR REVAN SIDDESWAR TEMPLE,
AMMINABHAVI, DHARWAD-580 001.
2. SMT. PREMA SIDDAIAH
W/O. SHIVAPPA RUDRAPPANAVAR
AGE: 58 YEARS, OCC: HOUSEHOLD WORK
R/O. NEAR REVAN SIDDESWAR TEMPLE,
AMMINABHAVI, DHARWAD-580 001.
3. AMRUT S/O. BASAYYA GUDI
AGE: 59 YEARS, OCC: SERVICE
R/O. NEAR REVAN SIDDESWAR TEMPLE,
AMMINABHAVI, DHARWAD-580 001.
4. RATNA D/O. BASAYYA GUDI
SAROJA AGE: 49 YEARS, OCC: HOUSEHOLD WORK
HANGARAKI
R/O. NEAR REVAN SIDDESWAR TEMPLE,
Location: HIGH
COURT OF
AMMINABHAVI, TQ & DHARWAD-580 008.
KARANTAKA
DHARWAD
BENCH
5. PRAKASH S/O. BASAYYA GUDI
AGE: 49 YEARS, OCC: AGRICULTURE
R/O. NEAR REVAN SIDDESWAR TEMPLE,
AMMINABHAVI, DHARWAD-580 001.
6. PALAKSHI D/O. BASAYYA GUDI
AGE: 43 YEARS, OCC: HOUSEHOLD WORK
R/O. NEAR REVAN SIDDESWAR TEMPLE,
AMMINABHAVI, DHARWAD-580 001.
...PETITIONERS
(BY SRI. CHETAN T. LIMBIKAI, ADV.)
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WP No. 103948 of 2024
AND
1. LAKSHMIBHAI W/O. NANASAHEB DESHPANDE,
AGE: 74 YEARS, OCC: HOUSEHOLD WORK,
R/O. BALIKAI ONI, NEAR
RAMDEV HARIMANDHIR, RAVIVARPETH
DHARWAD-580001
2. BHARATHI D/O. NANASAHEB DESHPANDE
@ RADHIKA W/O. GOPALKRISHNA JAMAKHANDI,
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
R/O BANASHANKARI NAGAR,
DHARWAD-580 001.
3. VENKATESH S/O. NANASAHEB DESHPANDE,
AGE: 48 YEARS, OCC: PRIVATE WORK
AND BUSINESS
R/O BALIKAI ONI, NEAR RAMDEV HARIMANDHIR,
RAVIVARPETH, DHARWAD-580001.
4. GEETHA D/O. NANASAHEB DESHPANDE
@ GEETHA W/O.GURURAJ PATIL
AGE: 46 YEARS, OCC:HOUSEHOLD WORK,
R/O NEAR UTTARADIMATH,
GOPALPUR, MALAMADDI, DHARWAD-580 007.
5. RUKMINIBAI W/O. RANGAROA DESHPANDE,
AGE: 83 YEARS, OCC: NIL,
R/O WRITERGALLI, MANGALAVARPETH,
DHARWAD-580 001.
6. GIRISH S/O. RANGAROA DESHPANDE,
AGE: 63 YEARS, OCC: BUSINESS,
R/O WRITERGALLI, MANGALAVARPETH,
DHARWAD-580 001.
7. ARAVIND S/O. RANGAROA DESHPANDE,
AGE: 60 YEARS, OCC: BUSINESS,
R/O WRITERGALLI, MANGALAVARPETH,
NEAR NANDIKOL TEMPLE,
DHARWAD-580 001.
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WP No. 103948 of 2024
8. SHUBHA W/O. NAGABHUSHAN JOSHI @
SUBHA D/O. RANGAROA DESHPANDE,
AGE: 57 YEARS, OCC: HOUSEHOLD WORK,
R/O WRITERGALLI, MANGALAVARPETH,
NEAR NANDIKOL TEMPLE, DHARWAD-580 001.
9. RUPA W/O. GIRISH KULKARNI
AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
10. REKHA W/O. ANAND DESHPANDE,
AGE: 54 YEARS, OCC: HOUSEHOLD WORK,
11. RAGHAVENDRA S/O. RAMARAO DESHMUKH,
AGE: 51 YEARS, OCC: GOVT. SERVICE
12. ASHWINI W/O. KALYANAKUMAR KULKARNI,
AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
RESPONDENT NO: 9 TO 12 ARE
R/O HABBUGALLI, HUBBAWADA
TQ: ATHANI, DIST: BELAGAVI-591 304.
13. DEEKSHA D/O. RAMAPPA BETAGERI,
AGE: 20 YEARS, OCC: NILL,
R/O: LAXMESHWAR, TQ: SHIRATTI,
DIST: GADAG-582102.
14. KRUPA D/O. RAMAPPA BETAGERI,
AGE: 20 YEARS, OCC: NILL,
R/O: LAXMESHWAR,
TQ: SHIRATTI, DIST: GADAG-582102.
...RESPONDENTS
(BY SRI. N.P. VIVEKMEHTA, ADV. FOR C/R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED:
25-06-2024 PASSED IN O.S. NO.134/2016 ON I.A.NO.43 AS PER
VIDE ANNEXURE-F, PENDING ON FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE, DHARWAD, IN THE INTEREST OF JUSTICE
AND EQUITY.
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WP No. 103948 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
Heard the learned counsel for the petitioners and
learned counsel appearing for the respondents.
2. This petition is filed praying to quash the
impugned order dated 25.06.2024 passed in O.S
No.134/2016 on I.A No.43 on the file of II-Additional
Senior Civil Judge, Dharwad vide Annexure-F.
3. The learned counsel appearing for the petitioners
would submit that there was a marriage in the family of
the counsel and hence he could not cross-examine the
witness. In this regard, the Trial Court has taken note of
in paragraph No.7 that even prior to taking the cross-
examination of PW.1 as nil on 03.04.2024, on several
occasions, adjournments were given and even seven
applications are filed for recalling of PW.1. On earlier six
times the said applications are filed and considered. When
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the application is filed on 7th time, the same was dismissed
on the ground that no grounds are made out. The Trial
Court also rejected the application by taking note of the
judgment of the Hon'ble Apex Court in the case of
Gayathri Vs. M.Girish reported in (2016) 14 SCC 142.
While rejecting the same, it is specifically mentioned that
by way of present application, PW.1 is sought to be
recalled for further cross-examination for the 7th time and
also considering the judgment of the Hon'ble Apex Court
relied upon by the counsel for the plaintiff in the case of
Gayathri (referred supra) rejected the application. The
same is placed on record by the learned counsel for the
respondents before this Court. When such being the case,
it is nothing but an abuse of process and the suit was filed
in 2016 and when the witness was present for six times
and he was not further cross-examined, hence, I do not
find any ground to allow the application. Accordingly, this
writ petition is dismissed on payment of cost of Rs.5,000/-
payable before the Trial Court before the next date of
hearing.
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4. Out of Rs.5,000/-, 50% of the amount is ordered
to be paid to the plaintiff and remaining 50% vests with
the State. If the cost is not paid, the Trial Court is directed
not to give any opportunity to the respondents to lead any
evidence and strike out the defence of the defendant No.2
as there is an abuse of process in making the plaintiff to
suffer hardship in exploiting him to appear before the
Court unnecessarily.
Sd/-
(H.P.SANDESH)
JUDGE
PMP
CT-MCK
