High Court at Bangalore dismissed a writ petition filed by defendant No.3 challenging the trial court's order allowing defendants 11 to 14 to cross-examine a document witness. The Court found no perversity in the trial court's decision granting them a fair opportunity.
Writ petition dismissed as devoid of merits.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO.2658 OF 2022 (GM-CPC)
BETWEEN:
…PETITIONER
[BY SRI. NAGARAJA S., ADVOCATE (PH)]
AND:
Digitally signed by VEENA KUMARI B Location: High Court of Karnataka
THE RESPONDENTS NO.1 TO 5 HEREIN ARE R/AT NALLAPPA TRANSPORT, PAPIREDDY PALYA NAGARBHAVI 2ND STAGE, BANGALORE 560072.
R/AT PAPIREDDY PALYA, NAGARBHAVI 2ND STAGE, NISARGA LAYOUT, NAGARBHAVI POST, BANGALORE 560072.
THE RESPONDENTS NO.18 TO 20 ARE R/AT PAPIREDDY PALYA, 11TH BLOCK NISARGA LAYOUT, NAGARBHAVI 2ND STAGE BANGALORE 560040.
SMT SARASWATHI @ SARASWATHAMMA
SRI B Y SANTHOSH RAJ URS
…RESPONDENTS
(BY SRI. UMESH B.N., ADVOCATE FOR R6 TO R8; NOTICE TO R10 TO R21 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 17.01.2022 PASSED BY THE CITY CIVIL JUDGE (CCH-32) AT BANGALORE IN O.S.NO. 5331/2011 IN IA-XLI AS PER ANNEXURE-J AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This writ petition is filed by defendants in O.S.No.5331/2011 on the file of the XX Additional City Civil and Sessions Judge, Bengaluru challenging the order dated 17.01.2022, allowing the I.A.No.41.
meanwhile, defendants No.11 to 14 have filed application under Section 151 of CPC seeking permission to cross examine DW-1. The said application was resisted by defendant No.3. The Trial Court after considering material on record, by impugned order dated 17.01.2022 allowed the application. Feeling aggrieved by the same, defendant No.3 has presented this writ petition.
is also forthcoming from the writ petition that defendants 11 to 14 have filed application as per Annexure - G seeks to cross examine DW-1 on the ground that defendants 12 to 14 were impleaded in the suit subsequently and therefore the finding recorded by the trial Court allowing the application made by the defendants 11 to 14 is just and proper to meet the ends of justice that a fair opportunity to be given to the defendants 11 to 14 to cross examine DW-1 and in that view of the matter, I am of the opinion that there is no perversity in the order passed by the trial court.
Accordingly, writ petition is dismissed as devoid of merits.
Sd/JUDGE
BVK
2 issues framed by the court
Whether the trial court erred in allowing defendants 11 to 14 to cross-exam DW-1 under Section 151 CPC as they are claiming title through the plaintiff.
Whether the writ petition against the impugned order has merit.
3 provisions across 2 enactments
SRI MUTHURAYA REDDY
SMT SUDHA K
SMT SUNITHA K
SRI SURENDRA K
SMT SUREKHA K
SRI NALLAPPA K
E.S.INDIRESH
BVK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
