- 1 - NC: 2025:KHC:11106 WP No. 5061 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5061 OF 2024 (GM-CPC) BETWEEN: SRI. RAVI. D AGED ABOUT 46 YEARS S/O. DEVALINGAPPA R/AT NO. 2420, 2ND STAGE VIJAYANAGARA, DEVARAJ MOHALLA MYSORE-570 017. …PETITIONER (BY SRI. MANJESH H M.,ADVOCATE) AND: 1. SMT. M. S. ARATHI @ TULASI W/O. DR. H. D. SRINIVASAGOWDA AGED ABOUT 53 YEARS R/AT MIG-33,5TH CROSS KUVEMPUNAGARA HASSAN-573 202. 2. SMT. YOSHODAMMA AGED ABOUT 82 YEARS W/O. LATE M. D. SURYANARAYANA 3. SRI. M. S. SHANTHOSH @ SHANTHOSH MIRLE AGED ABOUT 47 YEARS S/O. LATE M. D. SURYANARAYANA R2 & R3 ARE R/AT NO. 109 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11106 WP No. 5061 of 2024 8TH MAIN, JAYALAKSHMIPURAM MYSORE-570 012. 4. SMT. JYOTHI BABU @ JYOTHI BABU REDDY W/O. SRI. BABUREDDY AGED ABOUT 56 YEARS R/AT NO. 10, LACKWANNA CT DAYTON, NEW JERCEY-080 8810 UNITED STATES OF AMERICA. 5. SMT. USHA YOGISH @ USHA MIRLE W/O. YOGISHA AGED ABOUT 51 YEARS VISHWANATHA APARTMENTS 096, PANAM PILLAY NAGAR COCHIN-682 236. 6. SRI. K. S. SHREYAS S/O. K. V. SHIVAKUMAR AGED ABOUT 53 YEARS R/AT D. NO.3, RAJATHA CHURCH STREET, BASAVANAGUDI BANGALORE-560 004. 7. M/S. ROYAL CASCADE A REGISTERED PARTNERSHIP FIRM WITH ITS OFFICE AT NO. 2877 V.V. PURAM, V.V. MOHALLA MYSORE-570 019 REP. BY ITS DIRECTOR 8. SRI. P. S. REDDY AGED ABOUT 86 YEARS S/O. P. RANGAPPA REDDY PARTNERS M/S. ROYAL CASCADE SIRI NO.592, 9TH CROSS 4TH MAIN, E AND F BLOCK - 3 - NC: 2025:KHC:11106 WP No. 5061 of 2024 RAMAKRISHNA NAGARA MYSORE-570 012. 9. SRI. Y. G. CHINNASWAMY S/O. Y. S. GOVINDARAJA SETTY AGED ABOUT 84 YEARS PARTNERS, M/S. ROYAL CASCADE SIRI D. NO. 5, 4TH MAIN,JAYALAKSHMIPURAM MYSORE-570 021. 10. SMT. GEETHA S. MURTHY AGED ABOUT 70 YEARS D/O. K. N. SRIDHAR MURTHY R/AT D. NO. 44,SUMERU 1ST CROSS KALIDASA ROAD,JAYALAKSHMIPURAM MYSORE-570 021. 11. SMT. C. V. ANITHA W/O. SRI. RAVI.D AGED ABOUT 36 YEARS R/AT NO. 2420,2ND STAGE VIJAYANAGARA, DEVARAJ MOHALLA MYSORE-570 017. …RESPONDENTS (BY SMT. VASUNDARA T P, ADVOCATE FOR SRI. SIDDAMALLAPPA P M., ADVOCATE FOR R1: NOTICE TO R2 TO R5 & R7 TO R11 ARE DISPENSED WITH V/O DATED: 7.03.2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 25-01-2024 PASSED BY THE PRINCIPAL SMALL CAUSES AND SENIOR CIVIL JUDGE AT MYSORE ON IA 26 TO 28 IN O.S.NO.768/2004 PRODUCED AT ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:11106 WP No. 5061 of 2024 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 No.10 challenging the order dated 25.01.2024 passed by the Senior Civil Judge, Mysuru, on I.A.Nos.26 and 28 in O.S.No.768/2004, whereby the Trial Court has dismissed the said applications. 2. The case of the plaintiff is that she has filed a suit for partition and separate possession. After the issuance of suit summons, the defendants appeared through counsel and filed the written statement. Based on the pleadings of the parties, the trial Court framed issues. The parties have adduced their evidence and upon the completion of evidence, the trial Court framed an additional issue. On this additional issue, the burden was shifted to the defendants. Thereafter, defendant No.10 filed I.A.No.26 under Section 151 of the CPC to reopen the case for the purpose of further cross-examination of PW-1 and - 5 - NC: 2025:KHC:11106 WP No. 5061 of 2024 I.A.No.28 under Order XVIII Rule 17 read with Section 151 of the CPC to recall PW-1 for further cross-examination. The trial Court, by the impugned order, dismissed the said applications. Being aggrieved by the same, the present petition has been filed. 3. The trial Court, after the completion of the evidence of the parties, framed the additional issue, which shifted the burden onto the defendants to prove that item Nos.3 and 10 are self-acquired properties. In such a situation, defendant No.10 should be given a chance to cross- examine the plaintiff. Therefore, this Court is of the opinion, the impugned order is liable to be set aside and I.A.Nos.26 and 28 filed by defendant No.10 requires to be allowed. 4. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. - 6 - NC: 2025:KHC:11106 WP No. 5061 of 2024 b) The order dated 25.01.2024 passed by the Senior Civil Judge, Mysuru, on I.A.Nos.26 and 28 in O.S.No.768/2004, is set aside. c) I.A.Nos.26 and 28 are allowed. d) Defendant No.10 is permitted to cross-examine PW-1 on the next date of hearing, which shall be fixed by the trial Court and shall not seek for any further adjournment. e) The Trial Court is directed to dispose of the applications, in accordance with law, as expeditiously as possible, without granting any adjournment. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 29