Karnataka High Court
K Venkataramaiah Setty vs B R Seetharamappa Setty on 13 September, 2013
Author: H.G.Ramesh
Bench: H.G.Ramesh
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WP.No.2770/2011
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF SEPTEMBER 2013
BEFORE
THE HON'BLE MR. JUSTICE H.G.RAMESH
WRIT PETITION No.2770/2011 (GM-CPC)
BETWEEN:
K. VENKATARAMAIAH SETTY
S/O. LATE KANDLA KRISHNAPPA
AGED ABOUT 71 YEARS
R/AT NO.36/5
APPAJI RAO LANE, CHOWDESHWARI
TEMPLE STREET CROSS
BANGALORE - 560 002 ...PETITIONER
(BY MS. RACHITHA K. HIREMATH FOR
SRI MANMOHAN P.N., ADVOCATES)
AND:
1. B.R. SEETHARAMAPPA SETTY
S/O. B. RAMAPPA
AGE: MAJOR, NO.9
SBI HOUSING COLONY
KANAKAPURA ROAD
BANGALORE
2. B.S. RAGHURAM
S/O. SEETHARAMAPPA SETTY
MAJOR, NO.9
SBI HOUSING COLONY
KANAKAPURA ROAD
BANGALORE
3. B.S. SRIDHAR
S/O. LATE B.R. SHAMANNA
MAJOR, NO.186, MYSORE BANK COLONY
BANGALORE
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WP.No.2770/2011
4. B.S. PURUSHOTTAM
S/O. LATE B.R. SHAMANNA
MAJOR, NO.186
MYSORE BANK COLONY
BANGALORE
5. B.S. RAMAPRASAD
S/O. LATE B.R. SHAMANNA
NO.186, MYSORE BANK COLONY
BANGALORE
6. B.S. LAXMANAPRASAD
S/O. LATE B.R. SHAMANNA
NO.186, MYSORE BANK COLONY
BANGALORE
7. G. RAVI
S/O. LATE B.R. GOPAL
MAJOR, NO.254, 4TH MAIN
K.G. NAGAR, BANGALORE
8. G. MOHAN
S/O. LATE B.R. GOPAL
MAJOR, NO.254, 4TH MAIN
K.G. NAGAR, BANGALORE
9. G. GANESH
S/O. LATE B.R. GOPAL
MAJOR, NO.254, 4TH MAIN
K.G. NAGAR, BANGALORE
10. G. SHANKAR
S/O. LATE B.R. GOPAL
MAJOR, NO.254, 4TH MAIN
K.G. NAGAR, BANGALORE
B.R. NAGARAJAN
SINCE DECEASED BY HIS L.Rs.
11. SMT. B.N. MEERA
W/O. LATE B.R. NAGARAJAN
MAJOR,
12. SMT. B.N. SANDHYA
D/O. LATE B.R. NAGARAJAN
MAJOR
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13. SMT. B.N. RAJESHWARI
D/O. LATE B.R. NAGARAJAN
MAJOR
14. SMT. B.N. PADMAVATHI
D/O. LATE B.R. NAGARAJAN
MAJOR
15. SRI B.N. SRINIVASA MURTHY
S/O. LATE B.R. NAGARAJAN
MAJOR
RESPONDENTS NO.11 TO 15 ARE
R/AT NO.593, 21ST MAIN
4TH 'T' BLOCK, JAYANAGAR
BANGALORE ...RESPONDENTS
(BY SRI S.W. ARBATTI, ADVOCATE FOR R8;
M/S. H.R.ANANTHA KRISHNA MURTHY &
ASSOCIATES, ADVOCATES FOR R15;
R1 TO R7 & R9 TO R14 ARE SERVED & UNREPRESENTED)
WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 13.12.2010 PASSED ON I.A.NO.13 IN O.S.NO.663/1995
PASSED BY THE COURT OF THE XXXVII ADDL. CITY CIVIL
AND SESSIONS JUDGE AT BANGALORE, BANGALORE CITY,
PRODUCED AS ANNEXURE-E AND CONSEQUENTLY ALLOWED
I.A.NO.13.
WP COMING ON FOR FINAL HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
H.G.RAMESH, J. (Oral):
This writ petition by plaintiff no.11 is directed against an interlocutory order dated 13.12.2010 passed by the trial court dismissing his application- -4- WP.No.2770/2011 I.A.No.13 filed under Order XVIII Rule 17 of the CPC in the suit in O.S.No.663/1995 to recall P.W.1 for cross- examination.
2. I have heard the learned counsel appearing for the parties and perused the impugned order.
3. The trial court has dismissed the aforesaid application inter alia on the ground that the petitioner who is a subsequent purchaser of the suit schedule property had not filed any separate pleadings on his impleadment in the suit as plaintiff No.11. A defendant, who has not filed his written statement in a suit, is entitled to cross-examine plaintiff's witnesses. Filing of pleading is not a condition precedent to cross- examine a witness. Hence, the reasoning of the trial court is erroneous. The matter requires to be reconsidered by the trial court in accordance with law. Accordingly, I make the following order:
The impugned order is set aside. The matter is remitted to the trial court for reconsideration in -5- WP.No.2770/2011 accordance with law. All contentions of both the parties are kept open.
Petition disposed of.
Sd/-
JUDGE hkh.