Petition filed under Article 226 to quash refusal to re-open case for defendant's evidence. Court disposed of petition in limine, keeping all contentions open for further consideration by the lower court.
Case disposed of enunciating contentions open; lower court directed to consider fresh applications.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.215 OF 2021 (GM-CPC)
BETWEEN:
SRI. WAHID FYZH KHAN, AGED ABOUT 39 YEARS, S/O SRI LATE KABEER AHMED KHAN, R/AT ‘APLM DE HOODS’, NO 19, 7TH CROSS ROAD, 5TH MAIN, KAMMANAHALLI, ST. THOMAS TOWN POST, BENGALURU – 560 085.
…PETITIONER
(BY SRI. MUSHTAQ AHMED, ADVOCATE)
AND:
SRI. J.M. SRINIVSAN, S/O LATE J V MUDDAPPA, AGED ABOUT 66 YEARS, R/AT NO 6/5, MUDDAPPA BLOCK, COX TOWN, JEEVANAHALLI HALLI MAIN ROAD, BENGALURU – 560 005.
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E IN O.S.692/2015 ON I.A.NO.4 PASSED ON 27.06.2018 BY THE XIV ADDL CITY CIVIL JUDGE AT BANGALORE (CCH.28).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Petitioner is knocking at the doors of Writ Court for assailing the order dated 27.06.2018 whereby the learned XIV Additional City Civil Judge, Bangalore has refused to re-open the case for leading his side evidence i.e., defendant’s evidence in O.S.No.692/2015. This refusal is on the ground that petitioner had filed only one application for re-opening the case, and another one needed was lacking.
Ordered accordingly.
Writ petition is disposed off. all contentions of the parties having been kept open.
Sd/JUDGE
DS
1 issue framed by the court
Whether the learned trial court erred in refusing to re-open the case for defendant's evidence due to lack of a second application.
WAHID FYZH KHAN
J.M. SRINIVSAN
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
