MALLIKARJUNA PATEL Vs. SOMA RAMAN GOUDA

JUDGEMENT

(1.) This petition is by the second defendant in O.S.No.27136/2012 on the file of the LXXIII Additional City Civil and Sessions Judge, Bengaluru (for short, 'the civil Court'). The petitioner has impugned the civil Court's order dtd. 13/3/2023, and the civil Court by this order has rejected the petitioner's couple of applications [IA Nos.13 and 14]. The petitioner's applications are for re-opening of the case and to recall PW.2 for cross-examination. The learned counsel for the petitioner is heard for final disposal dispensing with notice to the respondents in view of the circumstances discussed hereafter.

(2.) It is seen from the perusal of the applications and the impugned order [as also the order sheet] that the subject applications are filed in the month of November 2022 and the learned counsels for the parties are heard on these applications with the suit being listed for orders repeatedly between the date of application and the date of the impugned order. One of the grounds canvassed on behalf of the petitioner is that the civil Court has failed to consider that on conclusion of hearing on these applications, both the learned counsels have indicated that the applications would be allowed but on costs, but because the orders are made almost after lapse of five months, the same is not considered.

(3.) This Court, in the light of these circumstances and the submissions, is of the considered view that the petition must be allowed-in-part quashing the civil Court's order and restoring the subject applications for reconsideration. This recourse would enable expeditious decision in the suit which is pending from the year 2012. Hence, the following: