Sri Kenchappa @ Muniyappa v. Abdul Aleem
Case brief
What is this about?
Karnataka High Court, Bengaluru; MSA No. 47 of 2023 (RO); decided 07.07.2025 by Justice H.P. Sandesh (oral judgment). Second appeal under Order 43 Rule 1(u) CPC against judgment and decree dated 11.10.2022 in R.A.No.5070/2017 (III Additional District and Sessions Judge, Bengaluru Rural District at Anekal). Themes: dismissal of second appeal; first appellate court's observation that no opportunity was given to defendants before the Trial Court upheld; plaintiffs'/appellants' failure to complete cross-examination (PW1 examined 23.09.2011, Ex.P1 to P37 marked, never cross-examined; PW2/PW3 cross-examination taken as nil on 17.01.2017; defendants' evidence taken as nil on 01.02.2017); disposal six years after PW1's evidence; post-remand framing of additional issues; direction to Trial Court to dispose within six months from 10.07.2025; restraint on adjournments by defendants' counsel; pending I.A.s dismissed. Relevant to appellate deference to findings of denial of fair opportunity and consequences of one-day evidentiary opportunities.