Puttamma vs Puttappa - 2022 Supreme(Kar) 603

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Kar) 603

ASHOK S. KINAGI
Puttamma – Appellant
Versus
Puttappa – Respondent

Advocates appeared:
T.C. Shivakumara, Advocate for Siddappa B.M, Advocate, for the Petitioner; M.R. Hiremathad, Advocate, for the Respondents

JUDGMENT

Ashok S. Kinagi, J. - Defendants No. 1 to 6, aggrieved by the order on I.A. 14 dated 3.12.2018 passed by the learned Senior Civil Judge and JMFC, Holalkere, have filed the present writ petition.

2. Brief facts leading rise to filing of this petition are as under:

Respondent No. 1 filed a suit in O.S. No. 26/2015 for the relief of partition and separate possession. Defendants filed written statement denying the averments made in the plaint. The Trial Court framed issues. Thereafter, respondent No. 1 filed an affidavit in lieu of examination-in-chief. Thereafter, respondent No. 1 filed a memo to discard the evidence of PW1 on the ground that PW1 is aged about 85 years and he is unable to attend the Court. The Trial Court vide order dated 11.9.2018 discarded the evidence of PW1. Thereafter, respondent No. 1 filed an application seeking permission to examine through power of attorney.

The said application was opposed by the defendants. The Trial Court after hearing the parties, allowed the application filed by respondent No. 1. Hence, this writ petition by defendants No. 1 to 6.

3. Heard learned counsel for petitioners and learned counsel for respondent No. 1.

4. Learned counsel for

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