Kariyappa v. Smt. Mangalamma
Case brief
What is this about?
The High Court dismissed a writ petition filed by defendants in an original civil suit as they sought to reopen the case to produce documents for the chief examination of a witness. The present petitioners were the original defendants challenging the rejection of their applications. The trial court dismissed the applications, finding they were protracting the suit. The High Court upheld the trial
What did the court decide?
The writ petition is dismissed. The suit is directed to be disposed of within three months from the date of receipt of the certified copy of this order.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF APRIL, 2022
BEFORE
THE HON’BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.5251 OF 2022 (GM-CPC)
BETWEEN:
- KARIYAPPA
- S/O LATE NANJUNDEGOWDA AGED ABOUT 48 YEARS.
- NAGARAJA
- S/O CHIKKAVANU AGED ABOUT 52 YEARS.
- PUTTASWAMY S/O CHIKKAVANU AGED ABOUT 48 YEARS.
- KUMARA
- S/O CHIKKAVANU AGED ABOUT 48 YEARS.
Issues for consideration
3 issues framed by the court
Whether the High Court should allow the writ petition filed by defendants in an original suit seeking to reopen the case for the chief examination of a witness by producing supplementary documents.
Whether the trial court was justified in dismissing the applications under Order XVIII Rule 17(a) CPC and Section 151 CPC as an attempt to protract the matter.
Whether the suit under the Civil Procedure Code, which has been pending since 2009, should be directed to be disposed of within a specific timeframe.
Parties & counsel
- petitioner
Kariyappa and Others
- respondent
Smt. Mangalamma and Others
Coram
E.S. IndiresH
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · April
- Registered
- Case no.
- WP/5251/2022
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