The defendant No.1 in O.S.No.7394/2015 pending

trial before the XVIII Additional City Civil and Sessions

Judge, Bengaluru has filed this writ petition, challenging

the order dated 25.05.2022, by which, an application filed

by her to recall PW.1 for cross-examination was rejected.

3

2.

A suit in O.S.No.7394/2015 was filed for

declaration of title and for perpetual injunction. The said

suit was contested by the defendant No.2 who filed her

written statement. The defendant No.1 did not file any

written statement. Based on the issues framed, the

plaintiffs adduced evidence on 24.08.2021. The case was

set down for cross-examination. However for nearly four

days, the defendant No.1 did not appear. Hence, the

cross-examination

of

PW.1

was

taken

as

nil

on

08.11.2021. Thereafter, the defendant No.1 filed yet

another

application

for

recalling

PW.1

for

cross-

examination, which was rejected by the trial Court on the

ground that the defendant No.1 was attempting to unduly

delay the proceedings.

3.

Being aggrieved by the said order, the

defendant No.1 has challenged the order.

4.

Learned counsel for defendant No.1 submits

that the defendant No.1 could not cross-examine PW.1 in

view of Covid-1