Allowed

Smt. M. Vinutha v. Shri B. Ramakrishna Reddy

Karnataka HC30 Nov 2021WP/21664/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court quashed an interim order that denied the petitioner leave to lead evidence. The court directed the petitioner to present the witness and complete examination-in-chief on the next date to prevent further delay.

What did the court decide?

The impugned order dated 20.11.2021 allowing evidence was allowed and quashed; the petitioner was directed to present the witness and complete examination-in-chief by 06.12.2021.

Smt. M. Vinutha Vs Shri B. Ramakrishna Reddy — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF NOVEMBER 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.21664/2021(GM-CPC)

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BETWEEN :

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SMT. M.VINUTHA, WIFE OF SHRI K.GANESH, AGED 44 YEARS, RESIDING AT NO.329, 3^RD CROSS, KODIHALLI, HAL AIRPORT ROAD, BENGALURU – 560 008. REP. BY G.P.A. HOLDER BY SRI.K.GANESH.

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... PETITIONER

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(BY SRI.ARUN B.M., ADVOCATE)

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AND :

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SHRI. B.R.RAMAKRISHNA REDDY, SON OF LATE BALAPPA REDDY, AGED 75 YEARS, RESIDING AT NO.1, 2^ND CROSS, KODIHALLI, HAL AIRPORT ROAD, BENGALURU – 560 008. ... RESPONDENT (BY SRI. S.SRINIVASAMURTHY, ADVOCATE FOR C/R-1)

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... RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 20.11.2021 PASSED IN O.S.

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No.6910/2018 BY THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU(CCH-25), INSOFAR AS IT CLOSES PETITIONER/DEFENDANT'S EVIDENCE, VIDE ANNEXURE-A AND ALLOW THE PETITIONER/DEFENDANT TO ADDUCE EVIDENCE, ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

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The defendant, whose application for permission to lead evidence after the case is listed for arguments is rejected, has preferred this petition. The petitioner and the respondent are parties to the proceedings in O.S. No.6910/2018 on the file of the Additional City Civil and Sessions Judge (CCH-25), Bengaluru [for short ' the civil Court '].

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It is seen from the impugned order dated 20.11.2021 that the petitioner's application to lead evidence is allowed on cost of Rs.500/-, but on the same day, the petitioner's side is taken as closed and the matter listed for arguments on the ground that the

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petitioner's witness was not present in the Court to go on with the evidence. The petitioner's subsequent application, despite the fact that the respondent has not contested the application, is rejected.

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The suit in O.S. No.6910/2018 is for

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declaration and possession. The petitioner is yet to commence his evidence. Though there is some controversy on whether the petitioner has been diligent, and that the petitioner's diligence or otherwise must be tested by the respondent's conduct in seeking multiple adjournments over two years to complete evidence, this Court is of the view that the controversy in this regard cannot prevail. The petitioner must have an opportunity to lead evidence to avoid protraction of the proceedings even after the judgment.

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Therefore, the petition is favoured and the impugned order dated 20.11.2021 in O.S.

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No.6910/2018 on the file of the Additional City Civil and Sessions Judge (CCH-25), Bengaluru is quashed allowing the petitioner's application for leave to lead evidence. The petitioner shall keep the witness present on the next date of hearing viz., on 06.12.2021 and complete the examination-in-chief on the same day.

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Sd/JUDGE

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RK/Ct: SN

Smt. M. Vinutha v. Shri B. Ramakrishna Reddy

Case brief

What is this about?

What did the court decide?

Smt. M. Vinutha v. Shri B. Ramakrishna Reddy

Case brief

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What did the court decide?

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