(Prayer: This W.P. is filed under Article 227 of the Constitution of India praying to call for entire records from the file of the Honble XXII Addl City Civil and Sessions Judge (CCH-7) Bengaluru peruse the same hear the parties and further be pleased to grant the following relief to the petitioners as against the respondents.)

Oral Order

1. Plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set aside the order dated 22.03.2021 passed on IA.nos.6 & 7 in O.S.No.5309/2014 by the Court of XXII Addl. City Civil & Sessions Judge, Bengaluru.

2. Heard the learned Counsel for the parties.

3. Suit in O.S.No.5309/2014 is filed by the petitioner herein seeking the relief of permanent injunction in respects of the suit schedule property.

4. The contesting defendants have entered appearance and filed written statement opposing the suit claim.

5. IA.nos.6 & 7 were filed on behalf of the plaintiff under Section 151 CPC and under Order XVIII Rule 17 read with Section 151 CPC, to re-open the case and also to recall DW-1 for the purpose of his further cross-examination.

6. The said applications were opposed by the contesting defendants by filing objections.

7. The Trial Court vide the order impugned has rejected IA.nos.6 & 7. Aggrieved by the same, plaintiff is before this Court.

8. Learned Counsel for the petitioner submits that DW-1 was not completely cross-examined, and since the plaintiff's advocate had sought time on the date on which DW-1 was present for further cross-examination, the Trial Court has taken as no further cross-examination of DW-1 and posted the matter for arguments. If an opportunity to further cross-examine is not granted, plaintiff's case would be prejudiced.

9. Per contra, learned Counsel for the defendants submits that in view of the subsequent development during the pendency of this writ petition, certain documents are required to produced on behalf of the defendants before the Trial Court, and for the said purpose, DW-1 is required to be recalled for further examination-in-chief. Necessary application seeking permission of the Trial Court to recall DW-1 for his further examination-in-chief on behalf of the defendants would be filed, and liberty may be reserved to the plaintiff to thereafter cross- examine DW-1.

10. The aforesaid submissions are placed on record.

11. Perusal of the material on record would go to show that DW-1 who was recalled at the instance of plaintiff for his cross- examination was cross-examined partly on behalf of the plaintiff on 29.07.2019, and on 23.08.2019. For the purpose of further cross-examination of DW-1, the matter was adjourned to 18.10.2019. On 18.10.2019, since a request was made by the plaintiff's counsel to grant some time, the Trial Court had taken no further cross-examination of DW-1 and has posted the matter for arguments.

12. From the aforesaid, it is apparent that DW-1 was not completely cross-examined on behalf of the plaintiff. Be that as it may, learned Counsel for the defendants has now made a submission that necessary application will be filed on behalf of the defendants before the Trial Court to recall DW-1 for the purpose of his further examination-in-chief. He has also made a submission that liberty may be granted to the plaintiff to cross- examine DW-1 after he is further examined in chief. Under the circumstances, I am of the opinion that the order impugned requires to be set aside, reserving liberty to the defendants to file necessary application to recall DW-1 for the purpose of further examination-in-chief, and thereafter, permit the plaintiff to cross-examine DW-1. Accordingly, the following order:

13. Writ petition is allowed. The impugned order dated 22.03.2021 passed on IA.nos.6 & 7 in O.S.No.5309/2014 by the Court of XXII Addl. City Civil & Sessions Judge, Bengaluru, is set aside. The prayer made in IA.nos.6 & 7 is granted, subject to payment of costs of Rs.5,000/-. However, in the event application is filed on behalf of the defendants to recall DW-1 for the purpose of further examination-in-chief, the Trial Court shall grant opportunity to the plaintiff to cross-examine DW-1 depending upon the out come of the application to be filed by the defendants to recall DW-1, subject to the observations made herein above.

14. This Court on 08.03.2021 while issuing notice to the respondents and granting interim order, had directed the petitioner to deposit a sum of Rs.5,000/- with an observation that the cost if levied would be defrayed from the amount deposited. Therefore, the respondents are permitted to withdraw the aforesaid amount deposited by the petitioner.