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Judgment
N S Sanjay Gowda, J
This petition is filed challenging the orders passed in LAC No.67/2022 by which the application is filed by the petitioner for re-opening the case and for permitting him to adduce evidence has been rejected.
It is the case of the petitioner that he was impleaded only in the month of March 2024 and, he had undergone a surgery and was hence unable to participate in the proceedings actively. It is submitted that the Trial Court ought to have construed the request liberally taking into consideration the ill health of the petitioner and the rejection of the applications are unsustainable.
Learned Senior counsel appearing for the contesting respondent however contends that the Trial Court was justified in rejecting the applications since there is a specific order passed in W.P.No.25877/2017 and connected matters directing the Reference Court to dispose of the proceedings within a period of four months and the petitioner was guilty of making only attempt to protract the proceedings with ulterior motives.
The fact that the petitioner was impleaded in the month of March 2024 is not in dispute.
In my view, since the matter relates to apportionment of compensation and the petitioner contends that he also owns a portion of the land which is the subject matter of the reference, it would be appropriate to grant him an opportunity to adduce his evidence. However, since the petitioner was aware of the fact that there was an order of this Court to dispose of the reference within a period of four months, he would have to be saddled with exemplary costs.
Consequently, the applications filed for re-opening the case and for permitting the petitioner to adduce evidence and also to cross-examine at his residence i.e., I.A.Nos.21, 22 and 23 are allowed subject to the payment of cost of Rs.50,000/- (Rupees Fifty Thousand Only) which shall be paid to the KIDWAI Institute of Oncology.
It is also necessary to issue a direction that the petitioner shall file his affidavit in view of evidence within two days from today and the respondent shall cross-examine the petitioner at his residence on 26.12.2024.
Smt.D Manjula, learned counsel is appointed as the Commissioner to record the cross-examination of the petitioner at the residence of the petitioner. She shall be paid a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) for recording the evidence by the petitioner.
The Trial Court is directed to furnish the records along with its representative to be present at the residence of the petitioner on 26.12.2024.
It is needless to state that the Trial Court on receipt of the evidence of the petitioner shall proceed to dispose of the reference expeditiously as already ordered by this Court within a period of two months from the date of receipt of the evidence recorded by the Commissioner.
This writ petition is accordingly disposed of.