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THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR, J
SRI MANJUANTH A – Appellant
Versus
SMT JAYALAKSHMAMMA – Respondent
| Table of Content |
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| 1. defendants sought to recall witness after lengthy delay. (Para 1) |
| 2. litigation involves a partition suit dating back nearly 19 years. (Para 2) |
| 3. trial court justified in denying recall based on insufficient grounds. (Para 3 , 4 , 5 , 6 , 7) |
ORAL ORDER
This petition by defendants 1(b) and 1(c) in O.S.No.6014/2017 is directed against the impugned order dated 03.12.2025 passed by the I Addl.City Civil and Sessions Judge, Bangalore, whereby the application I.A.No.17 filed by the petitioners under Order 18 Rule 17 r/w Section 151 CPC to recall PW-1 – Smt.Jayalakshmamma for further cross examination by the petitioners was rejected by the trial court.
2. A perusal of the material on record will indicate that the respondents – plaintiffs instituted the aforesaid suit for partition and separate possession of their alleged share in the suit schedule property and for other reliefs. The said suit having been contested by the petitioners – defendants, in the first instance, the trial court passed the impugned judgment and decree dated 22.09.2007 dismissing suit field by the plaintiffs, aggrieved by which, the 1st respondent – plaintiff No.1 approached this Court in R.F.A.No.2523
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