Chandregowda vs Shivegowda

Hon''ble Mrs. Justice B.V. Nagarathna

These writ petitions are directed against the order dated 30/9/2011, passed on I.As.12 and 13, which are applications filed u/s 151 of CPC, for recalling of P.W.1 and for permission to further cross-examine P.W.1 in O.S.No. 53/2007.

The relevant facts of the case are that the respondent has filed a suit for permanent injunction against the petitioner herein. After the recording of evidence and the matter was posted for arguments, at that stage, the aforesaid applications were filed. The said applications have been dismissed. It is against the said order that these writ petitions have been filed.

I have heard the learned counsel for the petitioner and perused the material on record.

Having regard to the fact that P.W.1 has completed his evidence and he has been discharged and no sufficient cause has been made out for recalling of P.W.1 for further cross-examination, even if the surveyor has been appointed and examined in the matter and the survey report is also marked in evidence, whatever contentions the petitioner may have on the said survey report, can be taken in the course of arguments, it would not be necessary to further cross-examine P.W.1 on the survey report. In that view of the matter, the trial Court was justified in dismissing the applications. The said order would not call for any interference in these writ petitions. Accordingly, the writ petitions are also rejected.