Full Bench quashed order dismissing applications for reopening case and recalling discharged witness, allowing cross-examination in interest of justice. Petitioner permitted to seek time frame from trial court.
Impugned order dated 9.6.2015 set aside; IA Nos. V and VI allowed; PW1 recalled for cross-examination.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 20T H DAY OF JUNE, 2019
BEFORE
THE HON’BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION No. 106232-33 OF 2015 [GM-CPC]
BETWEEN:
DYAMAVVA W/O HANAMANTAPPA LAMANI AGE:45 YEARS, OCC:COOLIE, R/O ICHCHANGI, TQ:SAVANUR, DIST:HAVERI.
….PETITIONER
(BY SRI.HARISH S MAIGUR, ADVOCATE)
AND:
DAKAPPA S/O HUNAPPA LAMANI AGE:67 YEARS, OCC:AGRICULTURE, R/O ICHCHANGI, TQ:SAVANUR, DIST:HAVERI.
…RESPONDENT
(SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER, VIDE ANNEXURE-E, DATED 9.6.2015, PASSED IN OS NO.63/2013, ON IA NO.V AND VI ON THE FILE OF THE CIVIL JUDGE AND JMFC, SAVANUR.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP , THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Petitioner is before this Court assailing the order dated 9.6.2015 passed on IA Nos.V and VI in OS No.63/2013 whereunder reopening of the case and recall of PW1 was sought for.
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drag on the proceedings, would not be justified in as much as the order sheet would disclose that PW1 himself was not present on all the previous hearing dates and had not tendered himself for crossexamination by defendant. In this background, it is contended that an opportunity be granted to the petitioner to cross-examine PW1.
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to cross-examine PW1. Petitioner shall avail such remedy within such time frame that may be granted by Court below.
Accordingly, writ petitions stand disposed of.
Sd/JUDGE
JTR
2 issues framed by the court
Whether to allow petitioner opportunity to cross-examine witness PW1 after preliminary hearing observations
Whether impugned order dismissing applications to reopen case and recall witness be quashed
4 provisions across 2 enactments
Dyamavva W/O Hanamantappa Lamani
Dakappa S/O Hunappa Lamani
Aravid Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
