Mrs Joyce Severine Rego vs Mrs Gretta Asha D Silva on 29 October, 2010

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Karnataka High Court

Mrs Joyce Severine Rego vs Mrs Gretta Asha D Silva on 29 October, 2010

Bench: A.N.Venugopala Gowda

This petition coming on for preliminary hearing in 'B'
group, this day the Court made the following: -

9.89.5.8

Defendant in 0.8.313/2995 on the 

Additionai Civii Judge (Sr.Dn.), MiangaloreghH'!i;i.:i(;»..l"i:e'ingii-_

unsuccessful in I.A.24 filed to re:<>.pe;[1_'_'ithe"case" 

permit her to examine her  as*aiwitnes's}{ha.s,.filed
this writ petition. it b l  V

2. Heard the learned.  sides and
perused the writpetition''pa'persi:' ' V s

3. Kee.ping__ by this Court in
w.P.532_/.2ooiA?-.dated,_2i}'2; 2ouo:. a_no to avoid any future
compiicVa._tion' reasonable opportunity and

parties ra'i"si§n"g_  that there was denial of

 reasonabl'e opp'o"r--tunity. to place the evidence on record

in .ctli«eiisiu--bsequent proceedings, if any, the prayer

lailvowed subject to the condition that, the

--V defendaritfs"husband, who is proposed to be examined as

it "'V.ii.iZ:>\i'J~;5,n shaii appear before the Triai Court on 15.12.2010

\»



and depose in the matter. The petitioner shatl 

copy of affidavit evidence/examination-in--chief§o'f  "

witnesses on the learned counsel foi'-l:he --'_plaiVnti-ff' b'ef'oyre", V

1.

12.2010. The witness shalt appear [the 15.12.2010 to which date is' The cross-examination of the.zwitngssVV':c"an'"take.lpllace either on the same day or to any"'oth.er"'d_a§tev, the suit may be adjourned l.)y.::th_e 18.12.2010. The cross--e;:attji_nat:&o_Vn" be completed by the ggiitipiﬁep :'§:halélh1'ati:§o.y_tpay cost of Rs.5,000/- to the plaintiff inxthe TriVal._Co_ui*t:_".for causing delay in disposal of the ..f%The oppo.r._tUn~sty if not avaiied by the petitioner, '".__thVe'Tria--i,__C~ot:4.rt"shatl proceed with the suit from the stage at'ViVhilchv.vit'divs-intihyéi pending. T'h_e':.Trial Court is directed to dispose of the suit with "'l:ai!.t:eS("pedition and at any event, within a period of 3 mdnths from the date the triai of the suit is completed. x/, / The impugned order stands quashed and the writ petition stands aliowed accordingiy. Ksj/~

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Karnataka High Court