Smt Lakshmi v. Smt Bammakka
Case brief
What is this about?
Article 227 writ petition allowed; order dated 18.07.2022 on I.A.Nos.8 and 9 in O.S.No.2489/2014 (partition and separate possession suit, VII Addl. City Civil and Sessions Judge, Bengaluru, CCH No.19) set aside. Legal representatives of deceased defendant No.4 (impleaded 18.02.2021) permitted to reopen cross-examination of PW1 and cross-examine him under Section 151 CPC and Order XVIII Rule 17 read with Section 151 CPC, despite delay of more than two years after closure of cross-examination stage on 02.03.2019; denial held violative of natural justice as applicants are coparceners; conditional relief on payment of Rs.2,000/- costs to PW1; defendants had adduced no evidence; additional written statement filed after impleadment; counsel for R1-R4 Lokesh B.; petitioners' counsel Hanumantha T. for Annaiah C.V.; notice to R5-R7 dispensed with.
What did the court decide?
Impugned order dated 18.07.2022 set aside; I.A.No.8 (S.151 CPC) and I.A.No.9 (Order XVIII Rule 17 read with Section 151 CPC) allowed; petitioners permitted to cross-examine PW1 and lead evidence subject to payment of Rs.2,000/- costs to PW1.