Janekunte Bheemalingappa v. Smt. B. Shankramma
Case brief
What is this about?
Writ petition under Articles 226 and 227 (certiorari) against interlocutory order rejecting application under Section 151 CPC for leave to lead evidence; specific performance suit O.S.No.138/2021; three prior opportunities to lead evidence unused; conditional permission granted; Rs. 5,000 cost to defendant as condition precedent; forfeiture of right to examine witnesses on default; Karnataka High Court Dharwad Bench; Justice Anant Ramanath Hegde; decided 27 October 2025; no precedents cited.
What did the court decide?
Writ petition allowed; the order dated 03.02.2025 rejecting I.A.No.13 (leave to lead evidence) is set aside; the plaintiff is permitted to lead evidence of witnesses subject to payment of Rs. 5,000/- cost to the defendant as a condition precedent and to leading such evidence by the next date, failing which the right to lead evidence of witnesses stands forfeited.