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2023 DIGILAW 1091 (KAR)

P. Anandan v. S. Shivaraja

2023-09-13

S.G.PANDIT

body2023
ORDER : (S.G. Pandit, J.) Heard learned counsel Sri H.S.Dwarakanth for Sri Vivek M.S., learned counsel for the petitioner/defendant No.1 and Sri M.Erappa Reddy, learned counsel for caveators/respondents-1 and 2, plaintiffs before the trial Court in O.S.No.8484/2016. 2. The learned counsel for petitioner/defendant No.1 would submit that the suit is one for declaration, possession and damages. After completion of the plaintiffs' evidence, when the matter stood at the stage of defendants' evidence, defendant No.1-petitioner herein filed I.A.Nos.10 and 11 under Section 151 of CPC to recall the order dated 12.04.2023 closing the plaintiffs' side evidence and to reopen for cross-examination of PW1 and also an application under Order 18 Rule 17 read with Section 151 of CPC to reopen the plaintiffs' side evidence for further cross-examination. 3. Sri H.S.Dwarakanath, learned counsel for the petitioner would submit that the petitioner/defendant No.1 intends to further cross-examine PW1 on the procedural aspect fixed by the vendor of the plaintiffs on various acts at the time of execution of sale deed. It is submitted that the said aspect came to the knowledge of the defendant No.1 on conclusion of cross-examination of PW1. It is submitted that the trial Court is not justified in rejecting the applications, since defendant No.1 had filed applications seeking leave to further cross-examination of PW1 without much delay before commencement of defendants' evidence. It is submitted that if further cross-examination of PW1 is permitted, no prejudice would be caused to the plaintiffs. 4. Sri Erappa Reddy, learned counsel for respondents-1 and 2/plaintiffs would fairly submit that if defendant No.1 is ready to cross-examine PW1 on the next date of hearing itself, the Court could allow subject to other exceptions. 5. Taking note of the submission of the learned counsels for the parties and with an intention to provide one more opportunity to defendant No.1 to further cross-examine PW1, the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 19.08.2023 passed on I.A.Nos.10 and 11 in O.S.No.8484/2016 on the file of XLII Additional City Civil and Sessions Judge, Bengaluru (CCH-43) is set aside. iii. The case is reopened to the stage of cross-examination of PW1 and defendant No.1 is permitted to further cross-examination of PW1. iv. PW1 shall be present before the trial Court on the next date i.e., 14.09.2023. v. Learned counsel Sri.H.S.Dwarakanath undertaken that defendant No.1 would complete cross-examination of PW1 on the same day. iii. The case is reopened to the stage of cross-examination of PW1 and defendant No.1 is permitted to further cross-examination of PW1. iv. PW1 shall be present before the trial Court on the next date i.e., 14.09.2023. v. Learned counsel Sri.H.S.Dwarakanath undertaken that defendant No.1 would complete cross-examination of PW1 on the same day. vi. The petitioner herein/defendant No.1 shall pay costs of Rs.20,000/- to the plaintiffs-1 and 2 before commencement of cross-examination.