B S VISHWANATHA vs. SRI P K SHAM

WP Nos.26981-26983/2018 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF OCTOBER 2018

BEFORE

THE HON’BLE MR. JUSTICE H.G.RAMESH

WRIT PETITION NOS.26981-26983/2018 (GM-CPC)

BETWEEN:

B.S.VISHWANATHA S/O SRI SANNASWAMY GOWDA AGED ABOUT 40 YEARS R/AT BHOOTHANAHALLI VILLAGE KASABA HOBLI, PERIYAPATNA TALUK MYSURU DISTRICT – 571 107

... PETITIONER

(BY SRI BASAVARAJU.P, ADVOCATE)

AND:

SRI P.K.SHAM S/O LATE P.S.KRISHNAMURTHY AGED ABOUT 47 YEARS RESIDING AT NO.525 ANIKENTHANA ROAD KUVEMPUNAGARA MYSURU – 570 023

... RESPONDENT

(BY SRI T.N.RAGHUPATHY, ADVOCATE)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER DATED 31.05.2018 (ANNEXURE-A) PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA ON I.A.NOS.VIII TO X IN O.S.NO.21/2016.

THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

WP Nos.26981-26983/2018 - 2 - O R D E R

H.G.RAMESH, J. (Oral): 1. Heard. Perused the record. These writ petitions are by the plaintiff. By the impugned order dated 31.05.2018, the trial Court has rejected IA.Nos.8 to 10 filed by the petitioner-plaintiff to reopen the case and to recall PW.1 for further examination to enable the plaintiff to produce certain documents. The documents that are sought to be produced are plaintiff’s income tax return, his bank accounts, details of his Fixed Deposits in Bank etc. 2. Sri T.N.Raghupathy, learned Counsel appearing for the respondent submits that the impugned order does not warrant any interference. 3. Having regard to the facts of the case and the nature of the documents sought to be produced, the trial Court ought to have allowed the applications in the interest of justice. Accordingly, the impugned order dated 31.05.2018 is set aside. The trial Court is directed to permit the petitioner-plaintiff (PW.1) to further examine himself to enable him to produce the documents referred to in IA.No.10/2018, in accordance with law.

WP Nos.26981-26983/2018 - 3 - 4. At this stage, learned Counsel appearing for the respondent-defendant submits that the trial Court may be directed to dispose of the suit expeditiously. As the suit is of the year 2016, the trial Court is directed to dispose of the suit expeditiously and in any event within six months from the date of receipt of a copy of this order.

Petitions disposed of.

Sd/-

JUDGE