M/S Abhishek Developers v. Smt Gowramma
Case brief
What is this about?
Writ Petition (GM-CPC) No. 24063 of 2024, High Court of Karnataka at Bengaluru, Justice M.G.S. Kamal, decided 12.09.2025; Article 227 challenge to trial Court order dated 22.04.2024 in O.S.No.7646/2008 (CCH-06) rejecting applications under Section 151 CPC and Order XVIII Rule 17 CPC to recall and reopen cross-examination of PW.1 and lead defence evidence; suit clubbed with O.S.No.9300/2008 (same property); petitioners Abhishek Developers/Abhishek Probuild Pvt Ltd. and Suraj Developers/Suraj Inn Pvt Ltd., defendants 4 and 5 and defendants 11 and 12, purchasers of flats in Mantri Flora apartment complex; parity with W.P.No.18227/2024 allowed on 08.01.2025; writ petition allowed with Rs.10,000/- cost; operative order references Order XVIII Rule 7 CPC; respondents include Bank of Baroda, Indian Bank and State Bank of Mysore.
What did the court decide?
Writ petition allowed; impugned order dated 22.04.2024 set aside; applications under Section 151 CPC and Order XVIII Rule 7 CPC (Annexures E, F and G) to recall/reopen cross-examination of PW.1 and lead defence evidence allowed; petitioners/defendants 4 and 5 permitted to cross-examine PW.1 on the next date of hearing or as fixed by the trial Court and to lead defence evidence without seeking adjournment, on payment of cost of Rs.10,000/- to the plaintiff witnesses before the trial Court.