Bharat Bhushan Narang vs Ashok Kumar Manchanda on 24 September, 2018

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Karnataka High Court

Bharat Bhushan Narang vs Ashok Kumar Manchanda on 24 September, 2018

Bench: K. N. Phaneendra

                         1


IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 24TH DAY OF SEPTEMBER, 2018

                      BEFORE

     THE HON'BLE MR.JUSTICE K. N. PHANEENDRA

          W.P. NO. 40757/2018 (GM-CPC)

BETWEEN

1.    BHARAT BHUSHAN NARANG
      S/O LATE SRI. OM PRAKASH NARANG
      AGED ABOUT 61 YEARS

2.    VAIBHAV NARANG
      S/O SRI. BHARAT BHUSHAN NARANG
      AGED ABOUT 36 YEARS

      BOTH ARE RESIDING AT 9/1
      NORTH PARK ROAD
      KUMARA PARK WEST
      BENGALURU - 560 001          ... PETITIONERS

(BY SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR
    SRI. KASHYAP N. NAIK, ADV.)

AND:

1.    ASHOK KUMAR MANCHANDA
      SINCE DEAD, REP. HEREIN BY
      HIS LEGAL REPRESENTATIVES,

1A    UMA MANCHANDA
      W/O LATE SRI. ASHOK KUMAR MANCHANDA
      AGED ABOUT 66 YEARS

1B    PREETHI CHOWRIAPPA
      W/O OF ASHOK CHOWRIAPPA AND
      D/O LATE SRI. ASHOK KUMAR MANCHANDA
      AGED ABOUT 45 YEARS
                        2


     R/AT G - 2, SILVER OAK
     APARTMENTS, KENSINGTON
     ROAD CROSS, HALSURU
     BANGALORE - 560 008

1C   PRIYA MANCHANDA
     W/O MARK MCGIVERN, D/O
     LATE SRI.ASHOK KUMAR MANCHANDA
     AGED ABOUT 40 YEARS

1D   GAURAV MANCHANDA
     S/O LATE SRI. ASHOK KUMAR MANCHANDA
     AGED ABOUT 34 YEARS

     RESPONDENTS NO.1A, 1C AND 1D
     ARE R/AT NO. 72/1 - 6/1
     CUNNINGHAM ROAD
     OPP. STATE BANK OF MYSORE
     BANGALORE - 560 001.

2.   SUDARSHAN KUMAR MANCHANDA
     S/O LATE SRI. MUNSHILAL MANCHANDA
     AGED ABOUT 64 YEARS

3.   INDU BALA BATRA
     D/O LATE SRI. MUNSHILAL MANCHANDA
     AGED MAJOR                            Deleted as per
     RESIDING AT HOUSE NO. 502             order dated
     19TH MAIN, 36TH CROSS                 17.9.18
     4TH E BLOCK, JAYANAGAR
     BANGALORE - 560 041

4.   NIKHIL MANCHANDA
     S/O SUDARSHAN MANCHANDA
     AGED ABOUT 36 YEARS

     RESPONDENT NO.2 AND 4 ARE
     RESIDING AT NO. 40
     BASAPPA ROAD
     SHANTINAGAR
     BANGALORE - 560 027
                         3


5.   M/S. PRAKASH ROADLINES LTD
     A COMPANY INCORPORATED UNDER
     THE COMPANIES ACT, 1956 AND
     HAVING ITS REGISTERED OFFICE AT
     PRAKASH HOUSE, 65/31, 3RD CROSS
     KALASIPALYAM NEW EXTENSION
     BANGALORE - 560 002 AND
     REPRESENTED BY ITS DIRECTOR

6.   M/S. S. M. KANNAPPA AUTOMOBILES PVT LTD
     A COMPANY INCORPORATED UNDER
     THE COMPANIES ACT, 1956 AND
     HAVING ITS REGISTERED OFFICE AT NO.2
     NEW MENTAL HOSPITAL ROAD
     BANGALORE - 560 027 AND
     REPRESENTED BY ITS DIRECTOR

7.   M/S. PRAKASH LEASING LIMITED
     A COMPANY INCORPORATED UNDER
     THE COMPANIES ACT, 1956 AND
     HAVING ITS REGISTERED OFFICE AT
     NO. 50, I MAIN ROAD, VASANTHANAGAR
     BANGALORE - 560 052
     REPRESENTED BY ITS DIRECTOR
                                  ... RESPONDENTS

(BY SRI. VIKRAM UNNI RAJAGOPAL, ADV. FOR
    SRI. S. SRIRANGA, ADV. FOR R1 (A TO D)
    MISS. NITYA KALIGOTLA, ADV. FOR
    M/S KEYSTONE PARTNERS, ADV. FOR R5 TO R7.
    MISS. CHAITRA SRINIVAS, ADV. FOR
    SRI. NISCHAL DEV, ADV. FOR R2 AND R4.
    R3 DELETED VIDE ORDER DATED 17.9.18)

    THIS WRIT PETITION IS FILED UNDER ARTICLE
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE IMPUGNED ORDER DATED 11.9.2018 AT
ANNEXURE-A PASSED BY THE HON'BLE XV ADDL. CITY
CIVIL COURT, BANGALORE IN O.S.NO. 5053/1990, IN
CLOSING THE CROSS EXAMINATION OF DW-7 FOR
PETITIONERS AND REJECTING THE PRAYER OF THE
PETITIONERS TO KEEP THE EVIDENCE OF DW-7 IN
                                 4


ABEYANCE UNTIL CONSIDERATION OF I.A.NO. 1/2018
AND QUASH ALL FURTHER PROCEEDINGS THERETO
AND ETC.

     THIS  WRIT   PETITION COMING    ON  FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:

                            ORDER

Heard the learned counsel for the petitioners and the respondents. Perused the records.

2. It is seen from the records that defendant Nos.8 & 9 have filed an application for deletion of additional issue No.2 framed on 19.4.2017. The trial Court without passing any order on the said application proceeded for examination of DW-7 and the evidence of DW-7 was ordered to be closed without providing opportunity to cross examination and thereafter, the trial Court has posted the case for hearing the application filed for deletion of issue No.2 framed on 19.4.2017.

3. When the matter is set down for hearing on the application, in that eventuality, no order can be 5 passed by this court, in any manner as the trial Court has posted the case for hearing on IA No.1/2018.

4. Under the above said circumstances, the trial Court is directed to dispose of the said application and after disposal of the said application, if the defendant Nos.8 & 9 prefers to file any application for recalling DW-7, the same has to be heard and disposed of in accordance with law after providing opportunity to the other side.

With the aforesaid observation, the Writ Petition stands disposed of.

Sd/-

JUDGE PL*

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