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HIGH COURT OF KARNATAKA
MR ASHOK S.KINAGI, J
SMT. UMADEVI – Appellant
Versus
SRI. K. SHANKAR – Respondent
| Table of Content |
|---|
| 1. relevant facts of the case are established. (Para 2) |
| 2. issues surrounding the petitioner's right to cross-examine are discussed. (Para 3 , 4) |
| 3. court observations on the necessity of justice in refraining from denying cross-examination. (Para 5 , 6) |
| 4. final order allowing the writ petition and setting aside the previous order is stated. (Para 7) |
ORDER
The petitioner aggrieved by the order on I.A Nos.11 and 12 dated 10.10.2017 passed in O.S.No.140/2011 by the V Additional, Principal Judge, Family Court, Bengaluru, has filed this writ petition.
2. Brief facts leading to filing of this writ petition are as under:
Respondent No.1 filed a suit in O.S.No.140/2011 for relief of declaration. The petitioner filed the written statement denying the averments made in the plaint. The Family Court on the basis of the pleadings of the parties framed the issues and thereafter the respondent no.1 was examined as PW.1 and an opportunity was provided to the petitioner to cross examine Pw.1. The petitioner has sought time to cross examine PW.1. In spite of granting sufficient opportunity the petitioner, he did not cross examine PW.1. Hence, the trial Court has taken the cross examinatio
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