LAWS(KAR)-2026-2-116

ANTONY MARIAN FERNANDES Vs. RAYMOND FERNANDES

Decided On February 12, 2026
Antony Marian Fernandes Appellant
V/S
Raymond Fernandes Respondents

JUDGEMENT

(1.) The present petition seeks to challenge an order dtd. 20/4/2019 passed on a Memo in O.S.No.44/2008 clubbed with O.S.No.343/2005, by the learned II Additional Senior Civil Judge and Chief Judicial Magistrate, Mangaluru, captioned as Annexure-A (hereinafter referred to as the "Impugned Order").

(2.) By the Impugned Order, the contention that was raised by the petitioner/defendant No.1 is that he should be permitted to cross-examine the plaintiff after the cross-examination undertaken by defendants No.2 to 6 has been rejected. The learned Trial Court has found that the grounds taken by the petitioner/defendant No.1 were without any merit inasmuch as it was stated before the learned Trial Court that his defence would be leaked by conducting the cross-examination earlier.

(3.) Notice to respondent Nos.2 to 7 has already been dispensed with by an order of this Court dtd. 17/7/2025.