Plaintiffs in a partition suit challenged the trial court's rejection of their applications under Order 18 Rule 17 CPC to recall DW.1 for further cross-examination. The High Court set aside the order and allowed recall, conditional on completing cross-examination without adjournment, failing which the rejected order stands automatically revived.
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NC: 2024:KHC:9351 WP No. 3404 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 3404 OF 2024 (GM-CPC)
BETWEEN:
GOVINDAIAH
S/O LATE CHIKKA @ CHIKKANNA SINCE DEAD BY HIS LRS
Digitally signed by VANDANA S
Location: High Court of Karnataka
NC: 2024:KHC:9351 WP No. 3404 of 2024
ALL R/O KARE HALLI VILLAGE NITTURHOBLI, GUBBI TALUK TUMKUR DISTRICT-571112 REPRESENTED BY THEIR SPECIAL POWER OF ATTORNEY HOLDER
SRI MANJUNATH K J S/O JAYARAMAIAH AGED ABOUT 51 YEARS R/A KARE HALLI VILLAGE NITTURHOBLI , GUBBI TALUK TUMKUR DISTRICT-571 112.
…PETITIONERS
(BY SRI. SUHAS H S.,ADVOCATE) AND:
S/O LATE CHIKKA @ CHIKKANNA AGED ABOUT 68 YEARS R/A ADALAGERE NITTUR HOBLI, GUBBI TALUK TUMKUR DISTRICT-571 112.
CHIKKAMMA W/O LATE GIRIYAPPA AGED ABOUT 50 YEARS
NC: 2024:KHC:9351 WP No. 3404 of 2024
SINCE DEAD BY HIS L.R.S
S/O LATE BRAMHASURAPPA PRESENT AGED ABOUT 56 YEARS
R-1 TO 9 ARE R/A ADALAGERE NITTUR HOBLI, GUBBI TALUK TUMKUR DISTRICT-571 112.
…RESPONDENTS
(BY SRI. THRIMURTHY K P.,ADVOCATE)
THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTION SETTING ASIDE THE IMPUGNED ORDER DATED 23/01/2024 DISMISSING THE IAS NO. 54 AND 55 FILED BY THE PETITIONERS IN OS NO. 03/2015, PASSED BY ADDL. SENIOR CIVIL JUDGE AND JMFC, GUBBI VIDE ANNEXURE-A. AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition by the plaintiffs in O.S.No.03/2015 on the file of the Addl. Senior Civil Judge and JMFC, Gubbi is directed against the impugned order dated 23.01.2024 passed on I.A.Nos.54 & 55 where by the said applications filed by the petitioners-plaintiffs under Order 18 Rule 17, CPC r/w Section 151, CPC to recall DW.1 were rejected by the Trial Court.
applications on the ground that the petitioners were protracting the matter.
ORDER
(i) The petition is hereby allowed.
(ii) The impugned order dated 23.01.2024 in
O.S.No.03/2015 on the file of the Addl. Senior Civil Judge and JMFC, Gubbi, is hereby set aside.
NC: 2024:KHC:9351 WP No. 3404 of 2024
(iii) I.A.Nos.54 & 55 are allowed subject to the condition that the petitioners shall complete the cross-examination of DW.1 on a date to be fixed by the Trial Court without seeking any adjournment under any circumstances whatsoever.
(iv) It is made clear that in the event the petitioners do not cross examine DW.1 on a date to be fixed by the Trial Court, the impugned order would stand automatically revived without any further directions from this Court.
SD/JUDGE
DHA List No.: 1 Sl No.: 15
1 issue framed by the court
Should the trial court's rejection of the plaintiffs' applications to recall DW.1 for further cross-examination be set aside?
1 provisions across 1 enactments
Govindaiah (dead) by LRs - Hanumakka, Jayaramaiah, Thimmaiah, Marithimmaiah, Nagaraju, Tholasasamma, Chikkamma, Mangalamma, Lakhmidevamma, Doddathimmaiah
Venkataiah
Chikkamma (dead) by LRs - Melagiriyappa, Mudlagiriyappa, Marithimmaiah, Rajanna
Bramhadevaiah, Jwalappa, Manikyaraja, Santhosh Kumar
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
