SRI VELU B PETHI vs M/S KAYESSESS CONSTRUCTIONS PVT LTD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(Kar) 41259

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.13418 OF 2023 (GM-CPC)
BETWEEN:
SRI. VELU B. PETHI S/O T.R. BALASUBRAMANI AGED ABOUT 53 YEARS R/AT NO.305/6, 16TH CROSS
8TH MAIN, SADASHIVANAGAR BENGALURU - 560 080.
…PETITIONER (BY SRI. A. RAVISHANKAR, ADVOCATE)
AND:
1. M/S. KAYESSESS CONSTRUCTIONS PVT LTD A PRIVATE LIMTED COMPANY HAVING ITS REGISTERED OFFICE AT NO.48/10
13TH CROSS, MALLESHWARAM BENGALURU - 560 086 REP. BY ITS DIRECTOR SRI. SRIDHAR MURTHY Digitally signed by VANDANA S Location: High Court of Karnataka 2. SRI. SRIDHAR MURTHY S/O LATE KRISHNA MURTHY AGED ABOUT MAJOR RESIDING AT NO.48/10
13TH CROSS, MALLESHWARAM BENGALURU - 560 086.
3. SRI. VASUDEV SIMHA S/O SRI G P SIMHA AGED MAJOR RESIDING AT NO.48./10
13TH CROSS, MALLESHWARAM BENGALURU - 560 086.
4. SMT. SUSHILA MURTHY W/O LATE KRISHNA MURTHY AGED MAJOR RESIDING AT NO.48/10
13TH CROSS, MALLESHWARAM BENGALURU - 560 086.
5. ISCON FOUNDATION HARE KRISHNA HILL CHOR ROAD, RAJAJI NAGAR BENGALURU - 560 010.
TRUSTEES A) SRI STOKA KRISHNA DASA B) AMITASANA DASA C) VASUDEV KESHV DASA D) SRIDHAMA KRISHNA DASA E) RADHAKANTHA DASA REPRESENTED BY AUTHORISED AGENT SRI. ANANTA LAHARI BHARADWAJ ALSO KNOWN AS ANANTHA KRITHI DASA S/O SRI GANAPATI MAHABALESHWAR HEGDE AGED ABOUT 44 YEARS R/AT HARE KRISHNA HILL CHORD ROAD, RAJAJINAGAR BENGALURU - 560 010. THE SUB-REGISTRAR OFFICE OF THE SUB-REGISTRAR AND MARRIAGE REGISTRATION OFFICER RAJAJINAGAR (YASHWANTHPUR)
6.
I FLOOR, 3B COMPLEX NO.199, 13TH CROSS
2ND STAE, WEST OF CHORD ROAD BENGALURU - 560 086.
…RESPONDENTS (BY SRI. R. VIJAYAKUMAR, ADVOCATE FOR SRI. A. MARUTHI PRASAD, ADVOCATE FOR R2; SRI. V. SANJAY KRISHNA, ADVOCATE FOR R3;
SRI SANATH KUMAR A., ADVOCATE FOR R4;
SRI. B.S. GORUSWAMY AGA FOR R6;
R1 AND R5 ARE SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 19.06.2023, IN O.S. 4707/2010, PASSED BY THE HON'BLE LXVI (66TH) ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BENGALURU (CCH-67), PRODUCED AT ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition by the plaintiffs is directed against the impugned order dated 19.06.2023 whereby the application I.A.No.34 filed by the petitioner-plaintiff under Order 16 Rule 1 & 2, CPC seeking permission to adduce additional evidence to examine witnesses whose names were not contained in the list of witnesses was partly allowed by the Trial Court by permitting the petitioner-plaintiff to examine one witness No.3 and rejecting the request of the plaintiff to examine witnesses Nos.1 & 2.

2. A perusal of the material on record will indicate that the petitioner-plaintiff instituted the aforesaid suit against the respondents-defendants, who are contesting the suit. The plaintiff having examined himself as PW.1 was cross examined by the respondents-defendants and the matter was posted for evidence of defendants. At that stage, petitioner-plaintiff filed the instant application I.A.No.34 for permission to examine 3 witnesses and I.A.No.35 to reopen the case for permission to adduce further evidence. The details of the 3 witnesses sought to be examined by the petitioner-plaintiff are as under:

Details of the Witnesses
Office of the Sub Registrar and Marriage Registration Officer, Rajajinagar (Yeshwanthpur), 1 ^ (st) Floor, 3B Complex, No.199, 13th Cross, 2nd Stage, West of Chord Road, Bangalore - 560086.
Purpose: To produce the Gazette Notification indicating the Guideline Value of the Properties / Sites carved out of Re. Sy.No. 190, old Sy. No. 172 (Sy.No.170) of Kethamaranahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk, now lying in West of Chord Road, 2 ^ (nd) Stage, 2nd Phase Layout (near Nandini Talkies), Bangalore, and the surrounding area falling within the said Notification, for the period from 24.3.1990 till date.
Sri Madhusudhan Wadhwani, Aged 58 years, S/o.F.K.Wadhwani, R/at GA, Gayathri Apartments, 22, Palace Cross Road, Bangalore - 560020.
Special Land Acquisition Officer (Bangalore West), Bangalore Development Authority, Land Acquisition Department, Kumara Park West, T.Chowdaiah Road, Bangalore 560020.
Purpose: The witness to produce and depose regarding the documents relating to acquisition of Re. Sy.No. 190, old Sy. No. 172 (Sy. No.170) of Kethamaranahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk, such as Preliminary Notification, Final Notification, Award and taking over possession of the properties. The Preliminary Notification bearing No.A/10/3140/1963, dated 2.3.1964 and Final Notification bearing No.LMA 112 MNJ 67, dated 18.11.1967 issued under the provisions of the City of Bangalore Improvement Act, 1945, and provisions of the Land Acquisition Act, 1894 and Notice issued for taking Possession of the notified properties to be produced.

Details of the Witnesses

Office of the Sub Registrar and Marriage Registration Officer, Rajajinagar (Yeshwanthpur), 1 ^ (st) Floor, 3B Complex, No.199, 13th Cross, 2nd Stage, West of Chord Road, Bangalore - 560086.

Purpose: To produce the Gazette Notification indicating the Guideline Value of the Properties / Sites carved out of Re. Sy.No. 190, old Sy. No. 172 (Sy.No.170) of Kethamaranahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk, now lying in West of Chord Road, 2 ^ (nd) Stage, 2nd Phase Layout (near Nandini Talkies), Bangalore, and the surrounding area falling within the said Notification, for the period from 24.3.1990 till date.

Sri Madhusudhan Wadhwani, Aged 58 years, S/o.F.K.Wadhwani, R/at GA, Gayathri Apartments, 22, Palace Cross Road, Bangalore - 560020.

Special Land Acquisition Officer (Bangalore West), Bangalore Development Authority, Land Acquisition Department, Kumara Park West, T.Chowdaiah Road, Bangalore 560020.

Purpose: The witness to produce and depose regarding the documents relating to acquisition of Re. Sy.No. 190, old Sy. No. 172 (Sy. No.170) of Kethamaranahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk, such as Preliminary Notification, Final Notification, Award and taking over possession of the properties. The Preliminary Notification bearing No.A/10/3140/1963, dated 2.3.1964 and Final Notification bearing No.LMA 112 MNJ 67, dated 18.11.1967 issued under the provisions of the City of Bangalore Improvement Act, 1945, and provisions of the Land Acquisition Act, 1894 and Notice issued for taking Possession of the notified properties to be produced.

The witness to depose regarding the action initiated by the Bangalore Development Authority with respect to Re. Sy.No. 190, old Sy. No. 172 (Sy.No.170) of Kethamaranahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk, for taking possession and demolition of structures put-up on the said property.

The witness to depose regarding the disbursement of compensation and the litigations before various Courts involving Bangalore Development Authority with respect to Re. Sy.No. 190, old Sy. No. 172 (Sy.No.170) of Kethamaranahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk.

3. The said application having been opposed by the respondents-defendants, the Trial Court allowed I.A.No.35 in full and partly allowed I.A.No.34 and permitted the petitioner-plaintiff to examine the SLAO - BDA (additional witness No.3). However the request of the petitioner to examine Sub-Registrar and Sri Madhusudhan Wadhwani as two additional witnesses was rejected by the Trial Court, which disallowed I.A.No.34 to the said extent by passing the impugned order which is assailed in the present petition.

4. A perusal of the or

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