V. PAVANKUMAR Vs. C. S. MONA

JUDGEMENT

(1.) The petitioner aggrieved by the order dtd. 18/1/2019, passed on I.A.No.10 in O.S.No. 6833/2016 by the XX Addl. City Civil and Sessions Judge, Bengaluru has filed this writ petition.

(2.) Brief facts leading rise to filing of this petition are as under: Respondent No.1 filed a suit in O.S.No.6833/2016 for the relief of permanent injunction restraining the petitioner and respondent No.2 from alienating and disturbing the peaceful possession of the suit schedule property and other consequential reliefs. Petitioner filed written statement denying the plaint averments. Trial Court, on the basis of pleadings of the parties, framed issues. Respondent No.1 was examined as PW-1 by filing affidavit in lieu of evidence before the Trial Court. Thereafter, matter was posted for further examination-in-chief of PW-1 and further examination-in-chief of PW-1 was concluded and matter was posted for cross-examination of PW-1. On the date of cross-examination of PW-1, the counsel for petitioner was not present. Trial Court, taking note of the absence of counsel for petitioner, has taken the cross-examination as NIL. Petitioner filed an application for recalling PW-1 for the purpose of cross- examination. The said application was opposed by respondent No.1. Trial Court, after hearing the parties, rejected the application. Hence this writ petition.

(3.) Heard learned counsel for petitioner. Though notice was issued to the respondents, none appeared on their behalf.