- 1 - NC: 2025:KHC:1933 WP No. 963 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 963 OF 2025 (GM-CPC) BETWEEN: SMT. APARNA W/O K V NAIDU, AGED ABOUT 51 YEARS R/AT NO 13, 4TH CROSS, 1ST MAIN, RMV 2ND STAGE, DOLLARS COLONY, BENGALURU 560 094 REPRESENTED BY GPA HOLDER K V NAIDU @ VENKATARAMENAIDU KOLA S/O LATE K C NAIDU, AGED ABOUT 57 YEARS. …PETITIONER (BY SRI. NANJA REDDY P N, ADVOCATE) AND: SRI. J K PRASAD S/O RAMESHWAR SHAW, AGED ABOUT 54 YEARS, R/AT NO 404, PRESTIGE EXOTICA, CUNNINGHAM ROAD, NEAR HOTEL JP COSMOS FORTUNE, BENGALURU 560 001. …RESPONDENT (BY SRI. R CHANDRASHEKAR, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 15.01.2025 PASSED BY THE XII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.NO. 5013/2021 AT ANNX-A IN IA.NO.10/25, 11/25 AND 12/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1933 WP No. 963 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner/defendant, challenging the order dated 15.01.2025 passed by the XII Additional City Civil & Sessions Judge, Bengaluru on I.A.Nos.10/2025, 11/2025 and 12/2025 filed by defendant in O.S.No.5013/2021, whereby the trial Court has rejected the said applications. 2. The plaintiff has filed the suit for ejectment. 3. After service of summons, the defendant appeared through counsel and filed a written statement. Based on the pleadings of the parties, issues were framed and matter was posted for evidence. Both parties adduced their evidence. When the matter was posted for arguments, the defendant filed I.A.No.10/2025 under Section 151 of CPC for reopening the case for further chief of DW-1, I.A.No.11/2025 under Order XVIII Rule 17 of CPC for recalling the order of taking the further chief of - 3 - NC: 2025:KHC:1933 WP No. 963 of 2025 DW-1 as closed and I.A.No.12/2025 under Order VIII Rule 1A of CPC seeking permission to produce an additional document cited in separate list in further chief of DW-1. 4. The learned counsel appearing for the respondent/plaintiff seriously objected to allow the writ petition and contended that the trial Court had rightly dismissed the applications. Since the matter had already been posted for arguments, at this stage, the petitioner cannot be permitted to reopen the case. The counsel further contended that the document sought to be produced is not relevant to the facts of the case. 5. In rebuttal, the learned counsel for the petitioner/defendant contended that since issue No.5 is related to the defendant, the burden lies on him to prove the same. Therefore, the production of additional documents is necessary. 6. Be that as it may. Even though a specific issue was framed by the trial Court, the defendant has adduced - 4 - NC: 2025:KHC:1933 WP No. 963 of 2025 evidence but no effort was made to produce the necessary documents. Only when the matter was posted for arguments, the said applications have been filed. Therefore, the trial Court has rightly dismissed the applications on the ground that the matter has been posted for arguments. 7. Under these circumstances and in the interest of justice, to give one more opportunity, this Court deems it fit to allow the writ petition by imposing cost and certain conditions on the defendant. 8. Accordingly, I pass the following order: ORDER a) The writ petition is allowed. b) The order dated 15.01.2025 passed by the XII Additional City Civil & Sessions Judge, Bengaluru on I.A.Nos.10/2025, 11/2025 and 12/2025 filed by defendant in O.S.No.5013/2021, is set aside. - 5 - NC: 2025:KHC:1933 WP No. 963 of 2025 c) Consequently, I.A.Nos.10/2025, 11/2025 and 12/2025 are allowed, subject to the condition that the petitioner shall pay cost of Rs.25,000/- to the Karnataka Advocates Welfare Fund on or before the next date of hearing. The payment of cost is a condition precedent. d) The trial Court is directed to fix the date on 04.02.2025 for the chief-examination of DW-1. On the same day, permission shall be granted to the plaintiff for cross-examination and the evidence of DW-1 shall be closed. e) It is made clear that the defendant/petitioner shall not seek any further adjournments in the case. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 32