/ 11 THE HIGH CCUT CF ARNATAKA ;T BANGAJ OPE IALD HE lOT D Y 01 ‘PRTh 1998 BEFORE THE HO’BL MR. JUSTICE H,RArGAVITTALACP’R 998 Mr. Mahaboob Au Khan, major 1 s/o, late Mr. J,A, Rahrnan Hhan, to,13 Old Io,6D, Ulsoor Road Cross, BangaloreS6O OO8 :RET1T1QNLR (CC’:ON IN BOTH) (BY Sri, ?,N, Dayananda, Advocat€) Mr. Shabbirkhan, major s/o, Mr. Jaffar Yhan, r , No.15/i, Disoensary Road, Civil Station 1 Banalor€6O 001 IN HRRP 557/98: Mrs. Shabana Begum, w/o. Mohammed Arif, major, r/a. No.15/i, Dispensary Road, Civil Station, Bangalore—560 001. (BY Sri, Mehter M, Azzam for dR. in both) HPRPs are filed U/s,50(1) of the KRC Act against the or er dated 15,1.1998 passed in Io2h -1o2i HRC Nos, on the file of the XIII Addi, Jude, Court of Small Causes, Bangalore, These HRRPs coming on for Admission thia day, the court made the followini: F. / 1— ! L 1 ’J !i Tenant is aggrieved by the crder of the Judge of Small Causes ordering clubbing of HRC Nos.IO242/96 with HRC ho.10243/96, The tenant in both the cases is one and the same person and the premises in both the cases are adjacent to each other; On an earlier occassion, the learned Judge, of the Small Causes by his order dtd.28.6.1997 has passed an order clubbing the cases and to adduce corrnon evidences The said order was challenged before this court in HRRP Nos995/97 connected with HRRP 996/97 This court by an order dt: 26.l197 had remanded the matter to the trial court to consider the objection of the revision petitioner herein regarding recording of coron evidences After remand, by his order on I,A,V again in considerticn of the facts ordered cotnon evidence to be recorded in both the cases However he has clarified that the NRespondent is at liberty to cross— examine petitioner in each of the case In my opinion, the order of the learned Jud;e sufficiently safeguards the interest of the revision petitioner. It is always 4 operr to the revision petitioner hekein when the avidence is being recorded to j ect demonstrate the prejudice if any that h suffers the learned .haii take the sanie into consideration and act .approprietiy. With these ohseations, this revision petitiOn is rejected JUDGE 4 4 cow aftnY R.gi.trar ojrt of .trdJ ..