- 1 - NC: 2025:KHC:3813 WP No. 1984 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1984 OF 2025 (GM-CPC) BETWEEN: 1. SRI GURUSHANTHAIAH S/O UJJANAPPAIAH AGED ABOUT 72 YEARS RETIRED EMPLOYEE GUTTIDURGA, JAGALURU TALUK DAVANAGERE DISTRICT-577553. NOW GPA HOLDER SRI. VEDAMURTHY GM S/O GURUSHANTHAIAH G. GUTTIDURGA POST, JAGALUR TALUK DAVANGERE DISTRICT-577553. 2. REVANASIDDAIAH AGED ABOUT 52 YEARS AGRICULTURIST GUTTIDURGA, JAGALURU TALUK DAVANAGERE DISTRICT-577553. 3. SMT. GOURAMMA W/O SHEKHARAPPA AGED ABOUT 58 YEARS OCC HOUSE WIFE GUTTIDURGA,JAGALURU TALUK DAVANAGERE DISTRICT-577553. 4. SMT. KALLAMMA W/O BASAPPA AGED ABOUT 80 YEARS HOUSE WIFE RASTHEMACHIKERE, JAGALURU TALUK DAVANGERE DISTRIT-577528. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3813 WP No. 1984 of 2025 5. SMT. MAHADEVAMMA W/O SIDDAIAH AGED ABOUT 55 YEARS HOUSE WIFE GUTTIDURGA, JAGALURU TALUK DAVANAGERE DISTRICT-577553. …PETITIONERS (BY SRI. MARUTHI G B.,ADVOCATE) AND: 1. BANDAMMA (LATE) W/O MAHADEVAIAH CHANNAIAH LATE S/O MAHADIVAIAH SINCE DEAD BY LR’S SMT. MANJULAMMA W/O CHANNAIAH AGED ABOUT 58 YEARS HOUSE WIFE GUTTIDURGA, JAGALURU TALUK DAVANAGERE DISTRICT-577553. 2. KUMARAIAH S/O CHANNAIHA AGED ABOUT 39 YEARS AGRICULTURIST GUTTIDURGA, JAGALURU TALUK DAVANAGERE DISTRICT-577553. 3. NAGARAJAIAH S/O CHANNAIAH AGED ABOUT 33 YEARS AGRICULTURIST GUTTIDURGA,JAGALURU TALUK DAVANAGERE DISTRICT-577553. 4. RAVISHANKARAIAH S/O CHANNAIAH AGED ABOUT 32 YEARS AGRICULTURIST GUTTIDURGA, JAGALURU TALUK DAVANAGERE DISTRICT-577553. - 3 - NC: 2025:KHC:3813 WP No. 1984 of 2025 5. ESHARAIAH S/O MAHADEVAIAH AGED ABOUT 54 YEARS AGRICULTURIST GUTTIDURGA,JAGALURU TALUK DAVANAGERE DISTRICT-577553. 6. BASAVARAJAIAH S/O MAHADEVAIAH AGED ABOUT 48 YEARS AGRICULTURIST GUTTIDURGA, JAGALURU TALUK DAVANAGERE DISTRICT-577553. 7. NAGAMMA W/O RAJAPPA AGED ABOUT 45 YEARS HOUSE WIFE R/AT KEB OFFICE LOKIKERE ROAD,NITUVALLI DAVANAGERE DISTRICT- 577004. 8. KARABASAMMA W/O SHIVAPPA AGED ABOUT 43 YEARS HOUSE WIFE R/AT SHIVAGANGA, HOLALKERE CHITRADURGA DISTRICT-577526. 9. LALITHAMMA W/O REVANASIDDAIAH AGED ABOUT 44 YEARS HOUSE WIFE R/AT SHIVAGANGAHOLALKERE TALUK, CHITRADURGA DISTRICT-577526. 10. REVAKKA W/O SHARANAPPA AGED ABOUT 60 YEARS HOUSE WIFE R/AT NICHCHAPURA HARAPANAHALLI TALUK DAVANGERE DISTRICT-583131. - 4 - NC: 2025:KHC:3813 WP No. 1984 of 2025 11. GOURAMMA, W/O BASAVARAJAIAH AGED ABOUT 50 YEAS HOUSE WIFE GUTTIDURGA, JAGALURU TALUK DAVANAGERE DISTRICT-577553. 12. SHIVAKUMARAIAH S/O BASAVARAJAIAH AGED ABOUT 22 YEARS AGRICULTURIST GUTTIDURGA, JAGALURU TALUK DAVANAGERE DISTRICT-577553. 13. MARULASIDDAIAH S/O BASAVARAJAIAH AGED ABOUT 29 YEARS AGRICULTURIST GUTTIDURGA, JAGALURU TALUK DAVANAGERE DISTRICT-577553. 14. SMT. SHARADAMMA W/O VEERABADRAPPA AGED ABOUT 50 YEARS HOUSE WIFE R/AT JAMBANNANAGARA, NITUVALLI DAVANGERE DISTRICT-577004. 15. SMT. RATHNAMMA W/O DANAPPA MAJOR HOUSE WIFE GUTTIDURGA, JAGALURU TALUK DAVANAGERE DISTRICT-577553. 16. SMT. DYAMAKKA W/O RAJAPPA MAJOR HOUSE WIFE R/AT RASTEMAKUNTE, JAGALURU TALUK DAVANGERE DISTRICT-577528. - 5 - NC: 2025:KHC:3813 WP No. 1984 of 2025 17. SMT. KAMALAMMA W/O SIDDAPPA MAJOR, HOUSE WIFE R/AT RAMAGATTI HARAPANAHALLI TALUK DAVANGERE DISTRICT-583131. 18. SMT. SHIDDAMMA W/O MUDALAGIRIYAPPA MAJOR,HOUSE WIFE R/AT GODABANALA DAVANAGERE TALUK & DISTRICT-577001. 19. SMT. CHANDRAMMA W/O DYAMANNA MAJOR, HOUSE WIFE R/AT GUTTIDURGA, JAGALURU TALUK DAVANAGERE DISTRICT-577553. 20. SMT. ANASUYAMMA W/O RAMAPPA MAJOR, HOUSE WIFE R/AT KARIYAMMANAHALLI CHITRADURGA DISTRICT-577521. 21. SMT. BASAMMA LATE D/O DIDDAIAH SINCE DEAD REP. BY LR’S SRI. S. REVANASIDDAIAH S/O LATE SHIVALINGAIAH AGED ABOUT 76 YEARS RETIRED EMPLOYEE DOOR NO. 829/10 SARASWATI LAYOUT, 5TH CROSS VISHWABANDU B BLOCK DAVANGERE-577001. 22. SRI. S. ESHWARAIAH S/O LATE SHIVALINGAIAH AGED ABOUT 70 YEARS AGRICULTURIST - 6 - NC: 2025:KHC:3813 WP No. 1984 of 2025 HULLEHAL VILLAGE,BASTIHALLI POST CHITRADURGA TALUK & DISTRICT-577521. 23. SRI. S SHIVAIAH S/O LATE SHIVALINGAIAH SINCE DEAD REP BY HIS LR’S SMT. SHASHIKALA W/O LATE SHIVAIAH AGED ABOUT 55 YEARS HOUSE WIFE R/AT DOOR NO. 1924/22 BANASHANKARI BADAVANE DAVANAGERE - 577001. 24. SRI. S. PUNITH S/O LATE SHIVAIAH AGED ABOUT 33 YEARS R/AT DOOR NO. 1924/22 BANASHANKARI BADAVANE DAVANGERE-577001. 25. SRI. S PAVAN S/O LATE SHIVAIAH AGED ABOUT 30 YEARS EMPLOYEE R/AT DOOR NO. 1924/22 BANASHANKARI BADAVANE DAVANGERE-577001. 26. SMT. S. MARULASIDDAMMA, W/O SHIVAIAH AGED ABOUT 55 YEARS W/O BASAVARAJA EMPLOYEE, R/AT DOOR NO. 1962850 VINAYAKA BADAVANE, 5TH CROSS DAVANGERE-577001. …RESPONDENTS (BY SRI.M R HIREMATHAD, ADVOCATE FOR C/R2. 5 & 6) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 15.01.2025 ON IA NO. NUMBER 30 TO 32 PASSED BY THE HONBLE IN THE COURT OF HONBLE - 7 - NC: 2025:KHC:3813 WP No. 1984 of 2025 SENIOR CIVIL JUDGE, ITINERARY COURT, JAGALURU, IN O.S.NO. 59/2017 MARKED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARNG, 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 15.01.2025 on IA Nos.XXX, XXXI and XXXII passed by Senior Civil Judge, Itinerary Court, Jagaluru in O.S.No.59/2017, whereby the applications filed by the plaintiffs have been dismissed. 2. The plaintiffs filed a suit for partition and separate possession. On service of summons, defendants have appeared through counsel and filed written statement on 14.09.2022. On the basis of the pleadings of the parties, the trial court framed the issues. The matter was posted for evidence. Thereafter, evidence of the petitioner was completed. At that time, the petitioner filed an application for recalling the evidence of PW1 and that has been - 8 - NC: 2025:KHC:3813 WP No. 1984 of 2025 allowed and PW1 was re-examined. Thereafter, the evidence of the defendants has been concluded and the argument of both the parties are concluded. At that stage, petitioners/plaintiffs filed IA Nos.30 to 32, one for recalling the order, other for reopening the case and another for production of documents. The same came to be dismissed. Being aggrieved by the same, the petitioners are before this Court. 3. The plaintiffs filed a suit on 04.04.2017. The defendants filed written statement on 14.09.2022. Thereafter, issues have been framed. The parties were permitted to adduce the evidence. After completion of evidence, the petitioners/plaintiffs filed applications for reopening the evidence of the plaintiffs and that has been allowed. After defendant’s evidence has been completed, the matter has been posted for arguments. At that stage, these applications have been filed. In the affidavit filed along with the applications, no reasons are forthcoming for re-examination of the plaintiffs and for production of - 9 - NC: 2025:KHC:3813 WP No. 1984 of 2025 additional documents. The applications are filed after 2 ½ years of filing the written statement on the ground that the defendants have denied the rights of the plaintiffs. Even in the earlier application, when they sought for reopening of the plaintiff’s evidence, they have not taken any such contention. Therefore, the trial court has rightly rejected the applications on the ground that, in the accompanying affidavits, they have not given any reason for production of documents. 4. There is no error or illegality in the order passed by the trial court. 5. Hence, writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 2 Sl No.: 1