Full Judgment Text
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NC: 2026:KHC:22338
WP No. 11210 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RD
DATED THIS THE 23 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 11210 OF 2026 (GM-CPC)
BETWEEN:
1. SMT SUMITRA
W/O LATE K.S. SURESH
AGED ABOUT 52 YEARS
ST
1 CROSS, HONGIRANABADAVANE
SOMINAKOPPA ROAD
SHIVAMOGGA-577201
PRESENTLY R/AT VIJAYA NILAYA
NO. 554, 6TH CROSS
HAVANUR EXTENSION
BAGALKUNTE ROAD
BENGALURU 560073.
2. SMT. ROOPA
W/O SHIVAKUMAR
AGED ABOUT 26 YEARS
ST
1 CROSS, HONGIRANA BADAVANE
SOMINAKOPPA ROAD
SHIVAMOGGA-577201
PRESENTLY R/AT NO. 440/2
PANCHAKSHARI NAGAR
1ST CROSS, GADAGA
KARNATAKA-582101.
3. MS. RAKSHA
D/O LATE K.S. SURESH
AGED ABOUT 25 YEARS
ST
1 CROSS, HONGIRANA BADAVANE
SOMINAKOPPA ROAD
SHIVAMOGGA-577201
PRESENTLY R/AT VIJAYA NILAYA
NO. 554, 6TH CROSS
Digitally signed by
DHANALAKSHMI
MURTHY
Location: HIGH
COURTOF KARNATAKA
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NC: 2026:KHC:22338
WP No. 11210 of 2026
HC-KAR
HAVANUR EXTENSION
BAGALKUNTE ROAD
BENGALURU-560073.
…PETITIONERS
(BY SRI. NISHANTH S K., ADVOCATE)
AND:
1. SRI N SHEKHARAPPA
S/O NANJAPPA
AGED ABOUT 74 YEARS
2. SMT. SUSHEELAMMA
W/O N. SHEKHARAPPA
AGED ABOUT 69 YEARS
3. SRI. S. MANJUNATH
S/O N. SHEKHARAPPA
AGED ABOUT 40 YEARS
R1 TO R3 ARE R/AT HOLEHONNURHOBLI
MARUTHI NAGARA
SANYASI KODUMAGGE
BHADRAVATHI TALUK
KARNATAKA-577227.
4. SMT. BHARATHI
W/O VEERABHADRAYYA
AGED ABOUT 33 YEARS
R/O VASANA VILLAGE
HARIHARA TALUK
KARNATAKA 577516
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI OR ANY OTHER WRIT AND SET
ASIDE THE IMPUGNED ORDER DATED 24.03.2026 IN IA NO. VI
AND VII IN OS NO. 266/2024 PASSED BY THE III ADDL. CIVIL
JUDGE AND JMFC, BHADRAVATHI, (PRODUCED AS ANNEXURE-
A) AND ETC.
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WP No. 11210 of 2026
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
This writ petition is filed by the plaintiffs under Article
227 of the Constitution of India, challenging the order
dated 24.03.2026 passed on I.A. Nos. VI and VII in O.S.
No. 266/2024 by the III Additional Civil Judge and JMFC,
Bhadravathi (hereinafter referred to as the ‘trial court’),
whereby the trial court allowed I.A. No. VI filed by
defendant No. 1 under Section 151 of the Code of Civil
Procedure (for short, ‘CPC’) for reopening the case and
I.A. No. VII filed under Order XVIII Rule 17 read with
Section 151 of the CPC for recalling PW1 for the purpose
of cross-examination.
2. For the sake of convenience, the parties are
referred to as per their ranking before the trial court.
3. The plaintiffs filed a suit in O.S.No.266/2024
seeking specific performance of a contract. Upon service of
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NC: 2026:KHC:22338
WP No. 11210 of 2026
HC-KAR
summons, the defendants appeared through counsel and
filed their written statement. Based on the pleadings, the
trial court framed the issues, and thereafter the matter
was set down for evidence. PW1 completed her evidence.
Subsequently, defendant No.1 filed I.A.Nos.VI and VII
seeking reopening of the case and recall of PW1. The said
applications came to be allowed by the trial court.
Aggrieved by the same, the plaintiffs have approached this
Court.
4. Since the evidence of PW1 had been closed and
the evidence on behalf of the defendants had not yet
commenced, the trial court, upon considering the reasons
stated in the applications, was justified in allowing I.A.
Nos. VI and VII filed by defendant No. 1 and in permitting
recall of PW1 for the purpose of cross-examination. This
Court finds no error or illegality in the order passed by the
trial court.
5. Accordingly, the writ petition stands dismissed.
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WP No. 11210 of 2026
HC-KAR
6. It is made clear that PW1 shall be present before
the trial court on the next date of hearing. Defendant No.
1 shall conclude the cross-examination on the said date; if
it is not possible, the trial court shall fix a date within April
2026. In any event, the cross-examination of PW1 shall be
concluded by the end of April 2026. The trial court is
further directed to dispose of the suit as expeditiously as
possible, preferably within one year from the date of
receipt of a certified copy of this order.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
LIST NO.: 1 SL NO.: 55