- 1 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 36036 OF 2016 (GM-CPC) C/W WRIT PETITION NO. 49317 OF 2016 (GM-CPC) WRIT PETITION NO. 12227 OF 2022 (GM-CPC) IN WP No. 36036/2016: BETWEEN: SRI. N. PARAMESHWARAPPA, S/O JAYADEVAPPA, AGED ABOUT 75 YEARS, AGRICULTURIST, R/O VINOBANAGAR, NEAR POLICE CHOWKI, SHIVAMOGGA - 577 201. …PETITIONER (BY SRI. R. GOPAL, ADVOCATE) AND: 1. N. EKANATH, S/O. J. JAYADEVAPPA, HINDU, AGED ABOUT 54 YEARS, AGRICULTURIST, R/O. KUVEMPU ROAD, SHIVAMOGGA CITY - 577 201. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 2. SMT. GAYATHRI N.V., W/O. LATE N. VRUSHABENDRAPPA, HINDU, MAJOR, HOUSEHOLD WORK, AGED ABOUT 51 YEARS. 3. MISS. SOUMYA N.V., D/O. LATE N. VRUSHABENDRAPPA, HINDU, MAJOR, AGED ABOUT 26 YEARS, 4. SMT. SHILPA, W/O. SHARATH SHEKAR, HINDU, HOUSEHOLD WORK, AGED ABOUT 28 YEARS R/O. SHANIVARA SANTHE, MERCARA DISTRICT - 575 002. 5. SRI. N.J. KUMAR, S/O. N. JAYADEVAPPA, AGED ABOUT 49 YEARS, HINDU, AGRICULTURIST, R/O. NYAMATHI, HONNALI TALUK - 577 217. 6. SRI. M. BASAVARAJAPPA, S/O. MAHADEVAPPA, AGED: MAJOR, R/O. OLD JOGA VILLAGE, HONNALI TALUK - 577 217 7. SMT. RATHNAMMA W/O LATE DR. L. SIDDAPPA, AGED ABOUT 75 YEARS - 3 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 R/AT FARM HOUSE, BETWEEN SASVEHALLI AND BENAKANAHALLI, SASVEHALLI POST, HONNALI TALUK - 577 217 SINCE DEAD BY LRS. 7(a) R.SADHASHIVA GOUDAR, S/O LATE DR.L.SIDDAPPA, AGED ABOUT 49 YEARS, 7(b) S.CHANDRASHEKAR, S/O LATE DR.L.SIDDAPPA, AGED ABOUT 45 YEARS, 7(c) R.PRABHUDEV, S/O LATE DR.L.SIDDAPPA, AGED ABOUT 39 YEARS, ALL ABOVE LRS 7(a) TO (c) ARE R/O FARM HOUSE IN K.K. ROAD, BETWEEN SASVEHALLI AND BENKANAHALLI VILLAGE, DAVANAGERE DISTRICT – 577 001. 8. SMT. LALITHAMMA, W/O. LATE K. GANGADHARAPPA, AGED ABOUT 65 YEARS R/AT. RAGHAVENDRA SWAMY TEMPLE ROAD, NEAR CANARA BANK, TILAK NAGAR, SHIVAMOGGA - 577 201. - 4 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 9. SMT. GEETHAMMA, W/O. MATHIHALLI VEERANNA, AGED ABOUT 61 YEARS, R/O.No.3257, 11TH MAIN, MCC 'B' BLOCK, DAVANAGERE - 577 001. 10. SMT. POORNIMA, W/O MUTHANNA, AGED ABOUT 56 YEARS R/O # 2014/1, 3RD MAIN, 12TH CROSS, SIDDAVEERAPPA BADAVANE, DAVANAGERE - 577 001. SINCE R10 IS DEAD BY LRS. 10(a) KOTRESH, AGED ABOUT 37 YEARS, 10(b) VINAY KUMAR S.M., AGED ABOUT 32 YEARS, BOTH R/O 12TH MAIN, 3RD CROSS, SIDDAVEERAPPA BHADAVANE, DAVANAGERE CITY – 577 001. 11. SMT. SUMANGALA, W/O. JAMBAGI VEERESH, AGED ABOUT 53 YEARS, R/O. No.2042/2, 12TH CROSS, SIDDAVEERAPPA BADAVANE, DAVANAGERE - 577 001. …RESPONDENTS (BY SRI. VARADARAJ R HAVALDAR, ADVOCATE FOR R1; SRI. UMESH MOOLIMANI, ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE FOR R2 TO R4; - 5 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 SRI. G.J. SUNKAPUR, ADVOCATE FOR R5 & R9; SRI. KASHINATH J.D., ADVOCATE FOR PROPOSED R10(A) & R10(B) R6 SERVED – UNREPESENTED; NOTICE TO R8 & R11 IS DISPENSED WITH VIDE ORDER DATED 01.07.2021) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.8.2015 ON IA.NO.18 IN O.S.NO.14/2010 PASSED BY THE COURT OF CIVIL JUDGE [SR.DN] AT HARIHAR VIDE ANNEX-A. IN WP NO. 49317/2016: BETWEEN: SRI. N. EKANATHA, S/O. N. JAYADEVAPPA, AGED ABOUT 50 YEARS, AGRICULTURIST, R/O. JAMBANNA COMPOUND, KUVEMPU ROAD, SHIVAMOGGA. NOW R/AT VIKASA SCHOOL ROAD, VINOBHANAGARA, SHIMOGGA – 577 204. ...PETITIONER (BY SRI. VARADARAJ R. HAVALDAR, ADVOCATE) AND: 1. SMT. N.V. GAYATRI, D/O. LATE N. VRUSHABENDRAPPA, AGED ABOUT 57 YEARS, D.NO.23/3, 5TH CROSS, - 6 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 BASAVANAGUDI, SHIVAMOGGA - 577201 2. SMT. SHILPA, D/O. LATE N. VRUSHABENDRAPPA, W/O. & C/O. SHARATHA, AGED ABOUT 35 YEARS, R/O. SHANIVARASANTHE TOWN SOMAVARAPETE TALUK COORG DISTRICT 3. SMT. N.V.SOUMYA, D/O LATE N. VRUSHABENDRAPPA, W/O. & C/O. J.S.VIVEK, AGED ABOUT 32 YEARS, R/O. D.NO.32, 5TH MAIN, 2ND BLOCK, R.T.NAGAR, BENGALURU - 560 032 4. SRI. N. PARAMESHWARAPPA, S/O. N. JAYADEVAPPA, AGED ABOUT 75 YEARS, AGRICULTURIST, R/O. TULAJA BHAVANI ROAD, SHIVAMOGGA - 577202 5. SMT. RATHNAMMA, W/O. LATE SIDDAPPA, SINCE DEAD BY HER LRS., 5(a) R.SADHASHIVA GOUDAR, S/O LATE L.SIDDAPPA, R/O VISHWABHARATHI KUTIRA, NEAR YESHWANTHPUR, OPP: TO RMC YARD BUS STOP, - 7 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 RAILWAY STATION, BENGALURU – 560 002. 5(b) S.CHANDRASHEKAR, S/O L.SIDDAPPA, R/O K.K.ROAD, FARM HOUSE, SASVEHALLI, HONNALI TALUK. 5(c) R.PRABHUDEV, S/O LATE L.SIDDAPPA, R/O K.K.ROAD, FARM HOUSE, SASVEHALLI, HONNALI TALUK. 6. SMT. LALITHAMMA, W/O. LATE GANGADHARAPPA, AGED ABOUT 62 YEARS, C/O. SRI BASAVARAJA MEDICALS, R/O. 1ST CROSS, TILAK NAGAR, SHIVAMOGGA – 577 201. 7. SMT. GEETHAMMA, W/O. MATHIHALLI VEERANNA, AGED ABOUT 59 YEARS, R/O. 11TH CROSS, M.C.C. B-BLOCK, DAVANAGERE CITY, NOW R/AT: 3257, 11TH MAIN M.C.C. B-BLOCK, DAVANAGERE CITY. 8. SRI. KUMAR, S/O. JAYADEVAPPA, AGED ABOUT 55 YEARS, AGRICULTURIST, R/O. NEHRU ROAD, NYAMATHI HONNALI TALUK, - 8 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 DAVANAGERE DISTRICT. NOW R/AT SAMIGE ROAD, NYAMATHI, HONNALI TALUK, DAVANAGERE DISTRICT. 9. SMT. PURNIMA, W/O. MUTHANNA, AGED ABOUT 52 YEARS, R/O. BEHIND GANESHA TEMPLE, DODDAPETE, DAVANAGERE CITY. NOW R/AT NO.2014/1, 3RD MAIN, 12TH CROSS, SIDDESHWARA BADAVANE, DAVANAGERE. 10. SMT. SUMANGALA, W/O. JAMBAGI VEERESH, AGED ABOUT 49 YEARS, R/O. ANKALAKOTE ROAD, RANEBENNUR, HAVERI DISTRICT. ...RESPONDENTS (BY SRI. UMESH MOOLIMANI, ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE FOR R1 TO R3; SRI. R.GOPAL, ADVOCATE FOR R4; SRI. G.J. SUNKAPUR, ADVOCATE FOR R8; SRI. KASHINATH J.D., ADVOCATE FOR PROPOSED R9(A) TO R9(C); R5(A), R5(B), R5(C), R6, R7 & R10 SERVED – UNREPRESENTED; V/O. DATED 01.07.2021 , NOTICE TO R8 & R11 IS D/W; V/O DATED 14.02.2024, PETITION AGAINST R9 IS ABATED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF THE COURT OF THE LEARNED CIVIL JUDGE - 9 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 (Sr.Dn), HARIHARA, IN O.S.NO.103/2007, INCLUDING THE IMPUGNED ORDERS DATED 16.6.2016 AND 09.8.2016 (ANNX- D) TO VERIFY THE FACTUAL CORRECTNESS AND LEGALITY OF THE SAME AND ETC. IN WP NO. 12227/2022: BETWEEN: SRI. N. EKANATHA, S/O N. JAYADEVAPPA, AGED ABOUT 70 YEARS, AGRICULTURIST, R/O. JAMBANNA COMPOUND, KUVEMPU ROAD, SHIMOGGA. NOW R/AT VIKASA SCHOOL ROAD, VINOBHANAGARA, SHIMOGGA – 577 204. ...PETITIONER (BY SRI. VARADARAJ R. HAVALDAR, ADVOCATE) AND: 1. SMT. N.V. GAYATHRI, D/O. LATE N. VRUSHABENDRAPPA, AGED ABOUT 57 YEARS, D.NO. 23/3, 5TH CROSS, BASAVANAGUDI SHIMOGGA – 577201 2. SMT. SHILPA D/O. LATE N. VRUSHABENDRAPPA, W/O. & C/O. SHARATHA, AGED ABOUT 35 YEARS, R/AT. SHANIVAARASANTHE TOWN, SOMAVARAPETE TALUK, COORG DISTRICT. - 10 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 3. SMT. N.V. SOUMYA, D/O. LATE N. VRUSHABENDRAPPA, W/O. AND C/O. J.S. VIVEK, AGED ABOUT 32 YEARS, 5TH MAIN, 2ND BLOCK, R.T. NAGAR, BENGALURU – 560 032 4. SRI. N. PARAMESHWARAPPA, S/O. N. JAYADEVAPPA, AGED ABOUT 75 YEARS, AGRICULTURIST, R/O. TULAJA BHAVANI ROAD, SHIMOGGA – 577202 5. 5(a) SMT. RATHNAMMA SINCE DEAD BY LRS R. SADASHIVA GOWDAR, S/O LATE L. SIDDAPPA, R/O VISHWABHARATHI KUTIRA, NEAR YESHWANTHPURA, OPP: TO RMC YARD BUS STOP, RAILWAY STATION, BENGALURU – 560 002 5(b). S. CHANDRASHEKAR, S/O. L. SIDDAPPA, 5(C). R. PRABHUDEV, S/O LATE L. SIDDAPPA 5(b) & 5(c) BOTH ARE R/O K. K. ROAD, FARM HOUSE, SASVEHALLI, HONNALI TALUK. - 11 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 6. SMT. LALITHAMMA, W/O. LATE GANGADHARAPPA, AGED ABOUT 62 YEARS, C/O. SRI BASAVARAJA MEDICALS, R/O. 1ST CROSS, TILAK NAGAR, SHIMOGA 577201. 7. SMT. GEETHAMMA W/O. MATHIHALLI VEERANNA, AGED ABOUT 59 YEARS, R/O. 11TH CROSS, M.C.C., B. BLOCK, DAVANAGERE CITY. NOW R/AT NO. 3257, 11TH MAIN M.C.C., B BLOCK, DAVANAGERE CITY 8. SRI. KUMAR, S/O. JAYADEVAPPA, AGED ABOUT 55 YEARS, AGRICULTURIST, R/O. NEHRU ROAD, NYAMATHI HONNALI TALUK, DAVANAGERE DISTRICT. NOW R/AT. SAMIGE ROAD, NYAMATHI, HONNALI TALUK DAVANAGERE DISTRICT 9. SMT. PURNIMA, W/O. MUTHANNA, AGED ABOUT 52 YEARS, R/O. BEHIND GANESHA TEMPLE, DODDAPETE, DAVANAGERE CITY. NOW R/AT NO. 2014/1, - 12 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 3RD MAIN, 12TH CROSS, SIDDESHWARA BADAVANE DAVANAGERE. 10. SMT. SUMANGALA, W/O. JAMBAGI VEERESH, AGED ABOUT 49 YEARS, R/O. ANKALAKOTE ROAD, RANEBENNUR, HAVERI DISTRICT. ...RESPONDENTS (BY SRI. UMESH MOOLIMANI, ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE FOR R1 TO R3; SRI. G.J. SUNKAPUR, ADVOCATE FOR R8; SRI. KASHINATH J.D., ADVOCATE FOR PROPOSED R9(A) TO R9(C); V/O DATED 17.08.2022 & 14.02.2024, NOTICE TO R6, R10 & R5(A) IS H/S; V/O DATED 14.02.2024, PETITION AGAINST R4, R5(B) & R5(C) IS DISMISSED; R7 SERVED - UNREPRESENTED) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF THE COURT OF SENIOR CIVIL JUDGE, HARIHARA IN O.S.NO.103/2007 CLUBBED WITH O.S.NO.14/2010 INCLUDING THE ORDER DATED 09.06.2022 ANNEXURE-A FOR PRONOUNCEMENT OF JUDGMENT FOR VERIFYING THE FACTUAL CORRECTNESS AND LEGALITY OF THE SAME AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Batch of these petitions are filed calling in question different orders passed at different points in time, in suits of the year 2007 i.e., O.S.No.103 of 2007 and 2010 i.e., - 13 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 O.S.No.14 of 2010, which is between the same parties. Therefore, the matters are taken up together and considered by this common order. In W.P.No. 36036/2016: The petitioner is before this Court calling in question an order dated 29.08.2015 passed on I.A.No.18 in O.S.No.14/2010 rejecting an application filed by the petitioner under Order VI Rule 17 of the C.P.C., seeking amendment of the written statement. 2. Heard Sri. R. Gopal, learned counsel appearing for the petitioner, Sri. Umesh Moolimani, learned counsel appearing for respondent Nos.2 to 4, Sri. G.J. Sunkapur, learned counsel appearing for respondent Nos.5 and 9, Sri. Kashinath J.D., learned counsel appearing for respondent No.10(A) and 10(B) and have perused the material on record. 3. The petitioner is defendant No.6/respondent No.1, the plaintiff. Plaintiff institutes a suit in O.S.No.181/2001, seeking declaration and injunction as his relief. During the subsistence of the suit, the plaintiff files an - 14 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 application under Order VI Rule 17 of the C.P.C., seeking amendment of the plaint and the prayer sought in the suit. By way of the amendment, the plaintiff included the relief of partition of the suit schedule property apart from seeking declaration and injunction. The application so filed by the plaintiff comes to be allowed by the concerned Court on 21.03.2013. 4. It was the turn of defendant No.6 now, to file an application seeking amendment of the written statement, in the light of the amendment permitted to the plaintiff. Defendant No.6 files an application under Order VI Rule 17 of the C.P.C., seeking the aforesaid amendment. The amendment comes to be rejected by the concerned Court on the score that, it was only a ruse to drag the proceedings. The said rejection of the application under Order VI Rule 17 of the CPC seeking to amend the written statement, is what drives the petitioner before this Court in the subject petition. 5. The subject petition is pending for the last 9 years, though no interim order of stay was granted. - 15 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 6. Since the trial continued, the concerned Court passed certain orders in both the suits, as aforesaid. Those orders form the fulcrum of the companion petitions. 7. Now let me answer the claim of the petitioner in the Writ Petition 36036 of 2016. The issue need not detain this Court for long or delve deep into the matter. If the plaintiff hs filed an application under Order VI Rule 17 of the CPC and the same has been allowed, it is axiomatic that the written statement must also be permitted to be amended in the wake of the addition to the prayer, seeking relief of partition, in addition to declaration and injunction. Written Statement by the defendant No.6 had already been filed, when the relief claimed was declaration and injunction. It is the amendment that was permitted to the plaintiff necessitated filing of an application seeking amendment of the written statement. 8. The concerned Court, on due application of mind, ought to have on the face of it allowed the application, as it is trite that what sauce is good for the goose is sauce for the gander. Therefore, the petition deserves to succeed and the - 16 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 order of the concerned Court, rejecting the application of defendant No.6, filed under Order VI Rule 17 of the CPC, is to be obliterated and consequently, the application to be allowed. 9. For the aforesaid reasons, the following: ORDER (i) The application in I.A.No.18 in O.S.No.14/2010, seeking amendment of the written statement under Order VI Rule 17 of the C.P.C., stands allowed. (ii) The petitioner - defendant No.6 is permitted two (2) weeks time to file the amended written statement before the concerned Court. (iii) Since the suit is of the year 2001 and 24 years have passed by, I deem it appropriate to infuse finality in the conclusion of the suit. Therefore, the suit shall conclude within three (3) months from the date of receipt of a copy of this order, if not earlier, strictly in consonance with law. Ordered accordingly. - 17 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 In W.P.No.49317/2016: 10. The petitioner is defendant No.3 in O.S.No.14/2010. The petitioner - defendant No.3 and the respondents - plaintiffs are members of the same family and have instituted the subject suit in O.S.No.103/2007 for partition and separate possession. The issue in the lis does not pertain to the merit of the matter. Before the concerned Court, an application is filed by the petitioner seeking recall of PW-1 for cross examination. The said application comes to be rejected by the concerned Court on the score that DW.1 and DW.3 have colluded and have given the same evidence and therefore, he is not permitting. The order passed by the concerned Court, which is impugned in the subject petition is 09.08.2016 and it reads as follows: "DW1, MCN for DW1 & Deft No.3 are present. Smt.SB for Deft No.6 is pt. DW1 filly Ex ed. It appears further X further X of DW1 that both DW1 & Deft No.3 are colluded with each other & sailing in the boat. Hence no further X of DW1 by Deft No.3 is required. Hence, further X of Deft No.1 /DW1 is taken as Nil. MCM p/t for" 11. The order that is impugned passed by the concerned Court to say the least is preposterous, as it does not - 18 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 consider any submission made by the petitioner in the application or as to the reason why DW1 should not be brought back for further cross examination. It is on the statement of the plaintiffs indicated by the Court that both DW.1 and DW.3 have colluded with each other and therefore, he would not permit. The said reason springs from nowhere, as it has no foundation in law, without there being any evidence to that effect, a conclusion of collusion could not have been drawn by the concerned Court. 12. In that light, the order that suffers from blatant non-application of mind and perversity, requires the acts of this Court to quash the same. 13. In the light of the direction issued in the companion petition for conclusion of the proceedings within three (3) months, the application filed by the petitioner shall merit consideration and DW.1 shall be cross examined on the date fixed by the concerned Court. 14. It is made clear that the date fixed by the concerned Court will be the only date, on which, DW.1 will be - 19 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 permitted to cross examine and not any other date since these suits are of the year 2001 and the offshoot of the suit in 2001, is the subject suit in 2007. The direction that is issued in the companion petition to conclude the proceedings within three (3) months, shall apply to the subject suit as well. Ordered accordingly. W.P.No.12227/2022: 15. The petitioner is defendant No.3 calls in question an order dated 09.06.2022 passed in O.S.No.103/2007, which is clubbed with O.S.No.14/2010, which arose out of O.S.No.103/2007. 16. The issue is closure of the evidence of the petitioner - defendant No.3, without affording any opportunity. 17. Learned counsel for the respondents would submit that in the light of the orders that are passed in the companion petitions, the petitioner also be permitted to lead his evidence and the suit be directed to be concluded within three (3) months, as is directed in the companion petitions. - 20 - HC-KAR NC: 2025:KHC:24272 WP No. 36036 of 2016 C/W WP No. 49317 of 2016 WP No. 12227 of 2022 18. In the light of the submissions made in unison, I deem it appropriate to set aside the order dated 09.06.2022 and permit the petitioner to lead his evidence, on the date fixed by the concerned Court. It is made clear that the petitioner shall not have the benefit of any adjournment to be granted at the hands of the concerned Court. In the light of the order passed in the companion petitions directing infusing finality into the proceedings, the same observation would become applicable to the case at hand as well. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 27