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Judgment
11 paragraphs · 381 wordsM.I. Arun, J
Aggrieved by the orders both dated 31.05.2024 passed on I.A.Nos.25 and 26 in O.S.No.8712/2007 on the file of XVII Additional City Civil & Sessions Judge, Bengaluru, the defendant Nos.2 to 6 therein have preferred this writ petition.
The suit is of the year 2007. When the matter was posted for cross-examination of DW-1, he remained absent and hence, the trial Court closed the evidence of defendants and posted the matter for arguments. Hence, the defendants have preferred I.A.Nos.25 and 26 for re-open, re-call of the order dated 15.02.2024 and permit DW-1 to submit himself for cross-examination. The same has been rejected by the trial Court by way of impugned order both dated 31.05.2024 on the ground that the defendant Nos.2 to 6 / petitioners herein are trying only to protract the proceedings. Aggrieved by the same, the present writ petition is filed.
The order sheet reveals that the defendants have tried their best to drag the proceedings, which constrained the trial Court to pass the impugned orders. There is no error in the orders passed by the trial Court. However, keeping in view the interest of justice and under the given peculiar facts and circumstances of the case, this Court is of the opinion that one last opportunity can be given to the petitioners herein to keep DW-1 present for cross-examination.
Learned counsel for the petitioners further submits that except DW-1 they do not have any other witnesses and he is willing to keep DW-1 available for cross-examination on the very next date of hearing before the trial Court. Hence, the following:
ORDER
i. The writ petition is allowed.
ii. The impugned orders both dated 31.05.2024 passed on I.A.Nos.25 and 26 in O.S.No.8712/2007 on the file of the XVII Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside.
iii. The trial Court will grant only one opportunity to the petitioners herein (defendant Nos.2 to 6 before the trial Court) to keep DW-1 present for cross-examination on the next date of hearing and defendants shall not ask for further time.
iv. Petitioners shall pay a cost of Rs.5,000/-(Rupees Five Thousand only) to the respondents on the next date of hearing before the trial Court.
v. Pending interlocutory applications, if any, stand disposed of.