Allowed

Sri Liakath Ali Khan v. Smt Syeda Noor Ziaba

Karnataka HC21 Dec 2021WP/29021/2019

Case brief

AI extract

What is this about?

This High Court of Karnataka Writ Petition sought to quash an order rejecting the petitioners' application to lead evidence in a civil suit. The Court allowed the petition, quashed the lower court's order, and granted leave for the petitioners to lead evidence within eight weeks upon payment of costs.

What did the court decide?

The impugned order dated 6.7.2019 in O.S.No.364/2010 is quashed with leave to the petitioners to lead evidence within eight weeks and to pay costs of Rs.5,000/-.

Sri Liakath Ali Khan Vs Smt Syeda Noor Ziaba — 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 21^ST DAY OF DECEMBER 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. 29021/2019 (GM-CPC)

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BETWEEN :

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SRI LIAKATH ALI KHAN S/O LATE GAFFUR ALI KHAN AGED 62 YEARS,

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SRI MOHAMMED IBRAHIM S/O LIAKATH ALI KHAN AGED 44 YEARS,

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BOTH ARE RESIDENTS OF 1^ST MAIN ROAD R T NAGAR TUMKURU - 572 101.

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... PETITIONERS

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(BY SRI. M B CHANDRACHOODA., ADVOCATE)

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AND :

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SMT SYEDA NOOR ZIABA W/O LATE MOHAMMED MUSTAFA AGED 74 YEARS R/O BARLINE MAIN ROAD TUMKURU - 572 101.

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... RESPONDENT

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(BY SRI.P.S. MOHAN., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06.07.2019 PASSED ON IAs FILED U/S 151 OF CPC TO REOPEN AND TO PERMISSION TO LEAD EVIDENCE IN OS NO.364/2010 ON THE FILE OF II ADDITIONAL CIVIL JUDGE & JMFC-3, TUMAKURU, VIDE ANNEXURE-H, BY ISSUE OF CERTIORARI. .

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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 petitioners are the defendants in O.S.No.364/2010 on the file of the II Additional Civil Judge and JMFC-3 at Tumakuru (for short, 'the civil Court). The petitioners have impugned the order dated 6.7.2019 because his application for leave to lead evidence is rejected by the civil Court on the ground that the petitioners, despite sufficient opportunity, have not commenced evidence.

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The respondent's suit is for permanent injunction in respect of a residential property with commercial establishments, and the petitioners have contested this suit asserting their independent title insofar as the

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vacant portion. This Court must opine that the petitioners must have another opportunity to lead evidence so that the decision in the suit is on merits and there is no protraction even after judgment on the ground that the petitioners did not have an opportunity. Further, the learned counsel for the respondents, when queried by this Court, submits that the petitioners could be permitted to lead evidence on terms including the costs to be paid to the respondent. The learned counsel for the petitioners submits that the petitioners would complete their evidence within a period of 8 [eight] weeks from the date of receipt of a certified copy of this order.

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For the afore, the writ petition is allowed and the impugned order dated 6.7.2019 in O.S.No.364/2010 on the file of the II Additional Civil Judge and JMFC-3, Tumakuru is quashed with leave to the petitioners to lead evidence but on the condition that they shall

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without seeking any extension, complete evidence within a period of 8 [eight] weeks from the date a certified copy of this order is placed before the civil Court. The petitioners shall also pay costs of Rs.5,000/- to the respondent on the first date of appearance before the civil Court.

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JUDGE

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Sri Liakath Ali Khan v. Smt Syeda Noor Ziaba

Case brief

What is this about?

What did the court decide?

Sri Liakath Ali Khan v. Smt Syeda Noor Ziaba

Case brief

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