Trial court allowed plaintiffs to reopen evidence, recall PW.1 and produce a certified sale deed; defendant no.4 petitioned via Article 227 to overturn it. Court held petitioner could cross-examine and contest relevance, found no grounds to interfere, dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.1216 OF 2023 (GM-CPC)
BETWEEN:
…PETITIONER
(BY SRI K.S. BHEEMAIAH, ADVOCATE)
AND:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
BOTH ARE RESIDING AT NO.54 13TH MAIN, 6TH CROSS G.G. ROAD, EJIPURA VIVEKNAGAR POST BANGALORE-560 047.
RESPONDENTS NO.4 TO 6 ARE RESIDING AT NO.21, NANJAPPA ROAD SHANTHINAGAR BANGALORE-560 027.
…RESPONDENTS
(BY SRI BHANU PRASAD K., ADVOCATE FOR R.1 TO R.3; NOTICE TO R.4 TO R.6 IS DISPENSED WITH VIDE COURT ORDER DATED 19.01.2023.)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 09.01.2023, PASSED BY THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE (CCH-11), ON I.A.NOS.11 TO 13, IN O.S.NO.7961/2016, ALLOWING THE RESPONDENTS NO.1 TO 3 APPLICATIONS FILED FOR RE-OPEN, RE-CALL, AND PERMISSION TO PRODUCE THE CERTIFIED COPY OF THE
REGISTERED SALE DEED DATED 02.02.2005 ALLEGED TO HAVE BEEN EXECUTED BY THE SRI NANJUNDAPPA AND SUCH OTHER MEMBERS OF HIS FAMILY IN FAVOUR OF H. AYUB KHAN, WHICH IS AT ANNEXURE-J, ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
trial court ought not to have permitted the same. It is contended that there is no pleading to that effect in the plaint and a copy of the said document has not been
NC: 2024:KHC:21227 WP No. 1216 of 2023
produced along with the plaint and for that reason, the trial court ought not to have allowed the same.
NC: 2024:KHC:21227 WP No. 1216 of 2023
court on I.A.Nos.11 to 13 filed in O.S.No.7961/2016. Accordingly, the writ petition is hereby dismissed.
Sd/JUDGE
hkh.
1 issue framed by the court
Whether trial court's allowing plaintiffs to reopen the case, recall PW.1 and produce a certified copy of a registered sale deed should be upheld under Article 227.
1 provisions across 1 enactments
Omprakash Pancharya
N. Prem Kumar
N. Shankar
N. Padmavathi
Seetha Rathi
Vikram Rathi
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
