ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

The present writ petition is filed seeking for the following relief:

“1. Issue a writ or direction or order in the nature of writ of certiorari to quash the impugned order dated 13.11.2024 in O.S.No.386/2008 passed by the Additional Civil Judge and JMFC, Gokak rejecting the prayer of the petitioner seeking permission to cross- examine the DW-2/defendant No.2 as per Annexure-A and permit the petitioner to cross-examine the DW-

2/defendant by allowing the present writ petition.”

2. The relevant facts in a nutshell leading to the present writ petition are that the first respondent/plaintiff instituted a suit in O.S.No.386/2008 for partition and other reliefs. Respondents No.2 to 6 are arrayed as defendants No.2 to 5 in the said suit and respondent No.2 is the legal representative of deceased defendant No.1. The petitioner is defendant No.6 in the said suit. Defendant No.6 is the purchaser of suit property from defendant No.2. The defendants have contested the suit.

3. During the course of trial, the defendant No.6 was permitted to cross-examine defendant No.2 who was examined as DW.2. However, during the course of the cross-examination