SHIVAPPA Vs. MALATESH

JUDGEMENT

(1.) On 31/10/2022, this Court issued notice and also permitted to the petitioner to take out notice on the respondent through his counsel in the Trial Court. This Court also directed the petitioner to deposit a sum of Rs.15,000.00 (Rupees Fifteen thousand only) as legal expenses for respondent and ordered that the matter be re-listed on today.

(2.) Learned counsel for the petitioner has filed a memo on 10th of November 2022 enclosing the acknowledgement for having served the counsel appearing for the plaintiff/respondent on 17/10/2022. The respondent has not entered appearance through his counsel despite the service of notice. Since the High Court Rules stipulate that service on the counsel appearing in the pending matters in the Trial Court is deemed service, the respondent is deemed to have been served with the notice.

(3.) This writ petition is filed challenging an order by which the Trial Court has refused to reopen the case and to recall PW1 for cross-examination. The Trial Court has refused the said request on the ground that the case was set down for arguments and even though the previous application for reopening the case had been allowed on imposition of costs, the petitioner had not availed the said opportunity.