MALLIKARJUN Vs. NEELKANTAPPA

JUDGEMENT

(1.) This writ petition is directed against the order dated 20.10.2012 passed on I.A. No. VII in O.S. No. 7/2009 on the file of the Civil Judge, Manvi, whereby the application filed by the petitioner -defendant seeking permission to recall P.W.1 for further cross examination has been rejected. I have heard the learned counsel for the petitioner.

(2.) IT is not in dispute that P.W.1 was examined in chief on 8.4.2011 and the case was deferred at the request of the learned counsel for the defendant for cross examination. On 17.3.2012, P.W.1 was partly cross examined. Again, he was cross examined on 30.3.2012. The Trial Court has gone through the entire evidence and has recorded the finding that P.W.1 has been cross examined in full. In the application, the petitioner has not assigned cogent reasons for further cross examination of P.W.1. It is to be stated here that the suit is for injunction simplicitor. I do not find any good reason for recalling P.W.1 for further cross examination. There is no merit in this writ petition. It is accordingly dismissed. However, the costs imposed by the Trial Court while dismissing LA. No. VII is waived. No costs.