Karnataka High Court
Sri Muddegowda vs Sri Shivakumar on 22 April, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:15907
WP No. 9827 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 9827 OF 2024 (GM-CPC)
BETWEEN:
1. SRI MUDDEGOWDA
S/O LATE KARIGOWDA,
AGED 72 YEARS,
R/AT ARALALU VILLAGE,
KASABA HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DIST-562117.
2. SMT PUTTAMMA
W/O LATE SHIVANNA,
AGED 70 YEARS,
3. SRI L M UMESHA
S/O LATE SHIVANNA,
AGED 42 YEARS,
PETITIONERNO. 2 AND 3 ARE
Digitally signed by R/AT MANASA SCHOOL ROAD
LEELAVATHI S R J.C EXTENSION,
Location: HIGH KANAKAPURA TALUK,
COURT OF
KARNATAKA RAMANAGARA DIST-562 117.
4. SMT SUSHEELA
W/O BASAVARAJU,
AGED 56 YEARS,
R/AT J.C EXTENSION
KAMAKAPURA TOWN,
KANAKAPURA TALUK,
RAMANAGARA DIST-562117.
5. SMT VASANTHA
D/O SRINIVAS
AGED 52 YEARS,
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WP No. 9827 of 2024
R/AT SUNDAGATTA,
MARALAVADI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DIST-562 117.
6. SMT MEENA
D/O LATE SHIVANNA,
AGED 45 YEARS,
R/AT SOREKAIDODDI,
SATHANUR HOBLI,
KANAKAURA TALUK,
RAMANAGARA DIST-562 117.
7. SMT SUMITHRA
W/O RAJU,
AGED 44 YEARS,
R/AT PIPELINE ROAD,
KANAKAPURA TOWN,
KANAKAURA TALUK,
RAMANAGARA DIST-562 117.
...PETITIONERS
(BY SRI. PRAKASH M H.,ADVOCATE)
AND:
1. SRI SHIVAKUMAR
S/O LATE KALEGOWDA,
AGED 81 YEARS,
R/AT ARALALU VILLAGE,
KASABA HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DIST-562 117.
2. SRI HONNEGOWDA
S/O LATE KARIGOWDA,
AGE MAJOR,
R/AT ARALALU VILLAGE,
KASABA HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DIST-562 117.
3. SMT SAROJAMMA
W/O LATE RAJU,
AGED 73 YEARS,
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WP No. 9827 of 2024
4. SRI MALLESH
S/O LATE RAJU,
AGED 55 YEARS,
5. MANASA
D/O LATE RAJU,
AGED 53 YEARS,
RESPONDENT NO. 3 TO 5 ARE
R/AT: ARALALU VILLAGE
KASABA HOBLI
KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 117.
6. SRI SRINIVASA
S/O MUNISEENA
AGED 86 YEARS,
7. SRI MUNEERA
S/O MUNISEENA
AGED 84 YEARS,
8. SMT KALAMMA
AGED 86 YEARS,
RESPONDENT NO. 6 TO 8 ARE
R/AT ARALALU VILLAGE,
KASABA HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DIST-562117.
9. SMT BHAGYA @ MANGALAGOWRAMMA
D/O LATE KALEGOWDA W/O MADAIAH,
AGED 88 YEARS,
R/AT NO. 414, 2ND B MAIN,
MES ROAD,
MUTHYALA NAGARA,
BANGALORE-560 054.
10. SMT VARUNADEVI @ VARALAKSHMI
D/O LATE KALEGOWDA,
W/O AJJAPPA @ VEERABHADRA
AGED 81 YEARS,
R/AT NO. 337, 3RD FLOOR,
9TH MAIN ROAD, 4TH CROSS,
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WP No. 9827 of 2024
J.P NAGAR, DOLLARS COLONY,
BANGALORE-560 078.
11. SMT PREMA
W/O LATE PRABHAKAR,
AGED 74 YEARS,
R/AT NO. 2, 2ND CROSS,
ASHRAMA ROAD,
YELLACHENNAHALLI,
KANAKAPURA MAIN ROAD,
BANGALORE-560 078.
12. SRI MANJUNATH
S/O LATE PRABHAKAR,
AGED 52 YEARS,
13. SMT SHWETHA
D/O LATE PRABHAKAR,
AGED 48 YEARS,
RESPONDENT NO. 11 TO 13 ARE
R/AT NO. 2, 2ND CROSS,
ASHRAMA ROAD,
YELLACHENNAHALLI,
KANAKAPURA MAIN ROAD,
BANGALORE-560 078.
...RESPONDENTS
(BY SRI HARSHA,
SRI. DEEKSHITH.Y.R.,
SRI. GULNAAZ. .,ADVOCATES FOR C/R-10 AND
ALSO FOR R-3 TO R-5, NOTICE TO R-1, R-2,
R-6 TO R-9, R-11 TO R-13 ARE D/W)
THIS W.P IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 13/03/2024 VIDE ANNEXURE-J PASSED BY PRINCIPAL CIVIL
JUDGE AND JMFC, KANAKAPURA IN OS NO. 98/1998 ON IA NOS. 27
AND 28 AND CONSEQUENTLY ALLOW THE SAID APPLICATION
FILED BY THE PETITIONERS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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WP No. 9827 of 2024
ORDER
This petition takes an exception to the impugned order passed on I.A.Nos.27 and 28 in O.S.No.98/1998 on the file of the Principal Civil Judge and JMFC, Kanakapura whereby the application filed by the petitioners - defendants 2 to 4 and 6 to 9 under Order 18 Rule 17 under Section 151 CPC, to re-open the case and to adduce further evidence of DW.1 were rejected by the Trial Court.
2. Learned counsel for the petitioners submit that if one more opportunity is provided by setting aside the impugned order and allowing I.A.Nos.27 and 28, petitioners would adduce further evidence of DW.1 on the next date of hearing, i.e., on 25.04.2024 without seeking any adjournment under any circumstances whatsoever.
3. Per contra, learned counsel for the respondents submit that they have no objection for I.A.Nos.27 and 28 to be allowed by imposed extemporary costs upon the petitioners.
4. In view of the aforesaid facts and circumstances, I deem it just and appropriate to set aside the impugned order and allow -6- NC: 2024:KHC:15907 WP No. 9827 of 2024 I.A.Nos.27 and 28 by imposing cost of Rs.10,000/- upon the petitioners payable to the respondent No.10 - defendant No.12 subject to the condition that the petitioners shall adduce further evidence of DW.1 on the next date of hearing, i.e., on 25.04.2024 without seeking any adjournment under any circumstances whatsoever.
Subject to the aforesaid directions, petition stands disposed of.
Sd/-
JUDGE DHA List No.: 1 Sl No.: 22