SRI. N.V GANGDHAR Vs. SRI. A RAMESH
LAWS(KAR)-2022-12-2
HIGH COURT OF KARNATAKA
Decided on December 07,2022

Sri. N.V Gangdhar Appellant
VERSUS
Sri. A Ramesh Respondents

JUDGEMENT

- (1.)This petition is by the defendants in O.S.No.239/2018 on the file of the I Additional Senior Civil Judge and JMFC, Chikkaballapura [for short, 'the civil Court']. The petitioners have impugned the civil Court's order dtd. 24/8/2021, and the civil Court by this order has rejected the petitioners' application [IA.7] under Order VI Rule 17 of the Code of Civil Procedure, 1908 [CPC]. The present petition is filed after a lapse of more than 13 months.
(2.)Sri Vishwanath R Hegde, the learned Counsel for the petitioners, submits that the petitioners, given the subsequent circumstances, would rather not pursue the grievance against the impugned order but seek leave to lead evidence to substantiate their defence that they have discharged the entire sale consideration as mentioned in the impugned sale deed and therefore, the same cannot be challenged. When queried on the subsequent events, the learned Counsels for the parties submit that after the impugned order, the petitioners' application under Order VII Rule 11 of CPC is rejected and so are the petitioners' other applications viz., applications for leave to lead evidence. The suit is now listed for pronouncement of judgment.
(3.)Sri Vishwanath R Hegde emphasizes that the petitioners have not stepped into the witness box to vindicate their stand that the entire agreed amount has been paid and if the petitioners can substantiate this defense based on the pleadings on record, there would be just and reasonable opportunity to the petitioner enabling complete adjudication. Sri A. Ramesh Babu, learned Counsel for the respondent, submits that as the respondent does not want protraction of the proceedings on technical grounds, this Court could consider permitting the petitioners to make necessary request with the civil Court for opportunity to lead evidence if they do not pursue their grievance as against the impugned order as the pleadings on record would suffice to substantiate the defense.


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