Karnataka High Court
Dr N Damodar Shetty vs Sr Humbline on 5 July, 2012
Author: Ravi Malimath
Bench: Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 5TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NO.22632 OF 2012(GM-CPC)
BETWEEN :
DR N DAMODAR SHETTY
S/O SRI N K SHETTY
AGED ABOUT 62 YEARS
RESIDING AT BHARATHI NAGAR
BEJAI,
MANGALORE - 575 004. ...PETITIONER
(BY SRI GANESH BHAT Y H, ADVOCATE)
AND :
1 SR. HUMBLINE
D/O MR ALPHONSO D'SILVA
AGED ABOUT 63 YEARS
MOTHER SUPERIOR
CAPITANIO CONVENT
CAPITANIO, KANKANADY POST
MANGALORE - 575 002
2 SR. ANITHA
D/O MR JEROME PINTO
2
AGED ABOUT 51 YEARS
INCHARGE SUPERINTENDENT
CAPITANIO, T T I CAPITANIO
KANKANADY POST
MANGALORE - 575 002. ...RESPONDENTS
THIS WRIT PETITION FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 18.6.2012 AT ANNEXURE-E IN
OS.NO.999/2010 PASSED BY THEIII ADDL.CIVIL JUDGE &
JMFC, MANGALORE D.K., ON THE MEMO DATED 24.2.2012
FILED BY THE RESPONDENTS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The plaintiffs-respondents filed a suit directing the defendants to pay a sum of Rs.1,00,000/- as damages to them and for permanent injunction prohibitory injunction and consequential reliefs. During the pendency of the suit a memo was filed by the plaintiffs to hold the cross- examination of the plaintiffs in camera. The trial Court by the impugned order allowed the same. Hence, the present Petition.
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2. Heard the learned counsel for the petitioners and examined the impugned order.
3. In the memo filed they have stated that P.W.1 and P.W.2 are religious nuns. The case is posted for cross- examination. Since the allegations made by the defendant is defamatory and embarrassing, it would be appropriate that the cross-examination takes place in-camera. The trial Court has accepted the memo by passing the impugned order. The reasons assigned are just and proper. I do not find any error committed by the trial Court in passing the impugned order. The Petition being devoid of merits, is dismissed.
Sd/-
JUDGE RSK/-