RAGINI NARAYAN Vs. MINNIE NARAYAN

JUDGEMENT

(1.) The respondent in FDP No.62/2010 pending trial before the Principal City Civil and Sessions Judge, Bengaluru has filed this petition challenging an order dtd. 11/9/2024 passed by X Additional City Civil and Sessions Judge, Bengaluru, by which, the Court permitted the respondent herein to lead evidence through her special power of attorney.

(2.) The suit in O.S.No.5110/2003 was filed for ejectment and the same was decreed. An enquiry was ordered into mesne profits, following which, FDP No.62/2010 was filed to ascertain the mesne profits. The respondent was examined in support of her claim on mesne profits and was thereafter cross-examined on several dates. In view of her advanced age, a Commissioner was appointed to record the crossexamination. However, the commissioner could not execute the warrant which was returned. Thereafter since the respondent could not appear, her evidence was discarded. The respondent then filed an application seeking permission of the Court to recall the order dtd. 7/11/2022 discarding her evidence which was again allowed in terms of the order dtd. 11/9/2024. Another application filed by the respondent to lead evidence through her power of attorney was also allowed.

(3.) Being aggrieved by the same, the petitioner is before this Court.