M.S. MALLAPPA Vs. RPS ORCHIRD PVT. LTD.

JUDGEMENT

(1.) These petitions are filed for the following reliefs :

(2.) Learned counsel for the petitioner-defendant no.2 submits that respondent no.1 filed a suit in O.S.No.8103/2006. In the said suit, respondent no.1 examined PW.1 and, the said witness was cross examined by the petitioner on 15/12/2020 for some time. Thereafter, request was made by the petitioner to defer the cross examination of PW.1. However, the trial Court directed to continue the cross examination till 5.30 p.m. and thereafter, closed further cross examination of PW.1 and directed the defendants to adduce evidence and posted the matter on 16/12/2020. It is submitted that, on 16/12/2020 an application was filed by the petitioner seeking permission to cross examine PW.1 and the said application was not disposed of on the said date. The trial Court took the evidence of the petitioner-defendant no.2 as closed on the ground that defendants no.1 and 2 were present. It is submitted that during the said period, the Covid-19 SOP were in operation and without a valid entry pass, defendant no.2 could not enter the Court premises. The said request was not considered and the matter was posted for arguments. It is submitted that, later, on 30/1/2021, applications of the petitioner were rejected. Meanwhile, the petitioner has filed this writ petition seeking prayer to permit him to further cross examine PW.1 and also to permit him to adduce evidence.

(3.) Learned counsel for the respondent No.1 supports the impugned order of the trial Court and submits that the petitioners herein have agreed to settle the dispute, which has been recorded by the trial Court; however, later, they turned around and want to contest the matter. Hence, the conduct of the party is also required to be looked into while exercising discretionary relief. Hence, he seeks to dismiss the petition.