Sri Machindra S/O Nagappa Kamble v. Sri Shravan S/O Nagappa Kamble
Case brief
What is this about?
Article 227 writ (GM-CPC), Dharwad Bench; Order 9 Rule 7 CPC application; set aside order taking defendants' evidence as nil; one more opportunity to lead evidence; recall of PW.1; cost as condition precedent Rs.25,000/-; earlier W.P. 101387/2024 cost Rs.15,000/-; partition suit O.S. 366/2015 Belagavi; I.A.22, I.A.23; Justice Pradeep Singh Yerur; petition allowed in part.
What did the court decide?
Writ petition allowed in part: the impugned order dated 20.01.2025 on I.A.22 in O.S. No.366/2015 is set aside; the petitioner-defendant No.6 is permitted to adduce his evidence after cross-examining PW.1; I.A.22 is allowed subject to payment of cost of Rs.25,000/- as a condition precedent; the trial Court is at liberty to impose further cost for deliberate protraction; the entire process is to be completed within three months; no opinion expressed on merits and the petitioner shall proceed without adjournments.