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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 28^TH DAY OF OCTOBER, 2021

BEFORE

THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

WRIT PETITION No.104160/2021 (GM-CPC)

BETWEEN:

SUJITKUMAR S/O MALLANAGOUDA PATIL

AGE. 37 YEARS,

OCC. AGRICULTURE,

R/O. SAVALAGI,

TQ. JAMKHANDI,

DIST. BAGALKOT-587330

...PETITIONER

(BY SRI. GIRISH A YADAWAD, ADV.)

AND

1 . INDRABAI W/O KALLAPPA ATYAL

AGE. 73 YEARS,

OCC. HOUSEHOLD WORK,

R/O. SAVALAGI,

TQ. JAMKHANDI,

DIST. BAGALKOT-587330

2 . SMT. KASIBAI W/O. ANNAPPA PUTANI

AGE. 54 YEARS,

OCC. HOUSEHOLD WORK,

R/O. SAVALAGI,

TQ. JAMKHANDI,

DIST. BAGALKOT-587330

3 . SMT. SHANTA W/O. MALLAPPA KADIKE

AGE. 48 YEARS,

OCC. HOUSEHOLD WORK,

R/O. KOTALAGI,

TQ. ATHANI,

DIST. BELAGAVI

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4 . SMT. MEENAXI W/O. MALLAPPA PATIL

AGE. 36 YEARS,

OCC. HOUSEHOLD WORK,

R/O. GADYAL,

TQ. JAMKHANDI

5 . KALLAPPA S/O. SHIVALING ATYAL

AGE. 94 YEARS,

OCC. AGRICULTURE,

R/O. SAVALAGI,

TQ. JAMKHANDI,

DIST. BAGALKOT-587330

6 . SANGAPPA S/O. KALLAPPA ATYAL

AGE. 53 YEARS,

OCC. AGRICULTURE,

R/O. SAVALAGI,

TQ. JAMKHANDI,

DIST. BAGALKOT-587330

7 . SHIVALING S/O. KALLAPPA ATYAL

AGE. 38 YEARS,

OCC. AGRICULTURE,

R/O. SAVALAGI,

TQ. JAMKHANDI,

DIST. BAGALKOT-587330

8 . PRAKASH S/O. KALLAPPA ATYAL

AGE. 43 YEARS,

OCC. AGRICULTURE,

R/O. SAVALAGI,

TQ. JAMKHANDI,

DIST. BAGALKOT-587330

9 . DUNDAPPA S/O. KALLAPPA ATYAL

AGE. 41 YEARS,

OCC. AGRICULTURE,

R/O. SAVALAGI,

TQ. JAMKHANDI,

DIST. BAGALKOT-587330

10 . SIDDU S/O. KALLAPPA ATYAL

AGE. 33 YEARS,

OCC. AGRICULTURE,

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R/O. SAVALAGI,

TQ. JAMKHANDI,

DIST. BAGALKOT-587330

11 . SMT. SHANTA W/O. ANNAPPA ATYAL

AGE. 34 YEARS,

OCC. HOUSEHOLD WORK,

R/O. SAVALAGI,

TQ. JAMKHANDI,

DIST. BAGALKOT-587330

12 . HANAMANT S/O. ANNAPPA ATYAL

AGE. 29 YEARS,

OCC. NIL,

R/O. SAVALAGI,

TQ. JAMKHANDI,

DIST. BAGALKOT-587330

13 . UMESH S/O. ANNAPPA ATYAL

AGE. 28 YEARS,

OCC. NIL,

R/O. SAVALAGI,

TQ. JAMKHANDI,

DIST. BAGALKOT-587330.

…RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227

OF THE CONSTITUTION OF INDIA, PRAYING THIS HON BLE COURT

MAY BE PLEASED TO ISSUE WRIT OF CERTIORARI OR ANY SUCH

WRIT OR DIRECTION TO. (A) QUASH THE IMPUGNED ORDER

DATED 17.09.2021 PASSED BY THE ADDL. SENIOR CIVIL JUDGE,

JAMKHANDI, ON IA NO.14 IN OS NO.8/2013 VIDE ANNEXURE H,

IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

1.

The petitioner is before this Court seeking for the

following relief:

“Quash the impugned order dated 17/9/2021 passed

by the Additional Senior Civil judge, Jamkhandi, on

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IA No.14 in OS No.8/2013 vide Annexure-H in the

interest of justice and equity.”

2.

O.S.No.8/2013 had been filed seeking for partition of

the suit schedule properties wherein the petitioner had

been arrayed as defendant No.10, he having purchased

the properties from Defendant No.4 who is a family

member. In the said suit, an application in IA No.14

had been filed, which came to be rejected vide order

dated 17/9/2010 vide Annexure-H to the petition.

3.

Vide IA No.14, defendant No.10 sought permission to

cross-examine DW1, i.e. defendant No.4 as a vendor

on the ground that defendant No.4 in his written

statement stated that agreement is executed in favour

of defendant No.10 and also stated that the properties

are not an ancestral joint family properties. But in the

cross-examination has given an adverse statement.

4.

The trial Court vide impugned order rejected the said

application on the ground that there is no right on the

part

of

defendant

No.10

to

cross-examine

a

codefendant examined as DW1. If it is allowed, the

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very purpose of cross-examination will be frustrated,

said DW1, having given an admission during the course

of cross-examination.

5.

Shri Girish Yadavad, lea