- 1 - NC: 2025:KHC:12572 WP No. 7903 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7903 OF 2025 (GM-CPC) BETWEEN: SRI. PRAKASH B G S/O. LATE T.S. GANGAPPA AGED ABOUT 62 YEARS R/AT NO.3/1/1, 12TH CROSS K.P. AGRAHARA, MAGADI ROAD BENGALURU-560 023. …PETITIONER (BY SRI. ARUN K S.,ADVOCATE) AND: 1. SMT.ANITHA M W/O. SRI. PRAKASH B.G. (NOW DIVORCED VIDE ORDER DATED 7.3.2025) AGED ABOUT 53 YEARS R/AT NO.217, 2ND FLOOR 4TH MAIN, SAMPIGE LAYOUT VIJAYANAGARA, BENGALURU-560 079. 2. SMT. KAVYA P. W/O. SRI. DILIP R. AGED ABOUT 31 YEARS R/AT NO.217, 2ND FLOOR 4TH MAIN, SAMPIGE LAYOUT VIJAYANAGARA, BENGALURU-560 079. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12572 WP No. 7903 of 2025 3. SRI. DILIP R. S/O. SRI. RAJENDRA C AGED MAJOR R/AT NO.217, 2ND FLOOR 4TH MAIN, SAMPIGE LAYOUT VIJAYANAGARA, BENGALURU-560 079. 4. SRI. N. SATHISH S/O. SRI. K. NANJE GOWDA AGED ABOUT 45 YEARS R/AT NO.20/2-1, 20TH CROSS 5TH MAIN, K.P. AGRAHARA MAGADI ROAD, BHUVANESHWARI NAGAR BENGALURU-560 023. …RESPONDENTS (BY SRI.NISHANTH A V., ADVOCATE FOR C/R1 TO R3: NOTICE TO R4 IS DISPENSED WITH V/O DATED:25.03.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 01.03.2025 THEREBY REJECTING THE I.A.NO. 24 TO 26 FILED BY THE PETITIONER HEREIN UNDER ORDER XVI RULE 1, ORDER XVIII RULE 17 AND SECTION 151 OF CPC, IN O.S.NO. 5673/2016 ON THE FILE OF XXVII ACC AND SJ (CCH-9) BENGALURU VIDE ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:12572 WP No. 7903 of 2025 ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 01.03.2025 passed on IA Nos.24 to 26 in O.S.No.5673/2016 by the XXVII Additional City Civil and Sessions Judge, Bengaluru, whereby, the said IAs. filed by the plaintiff were rejected. 2. The plaintiff filed a suit for bare injunction. Later, the suit has been amended. On the basis of the pleadings of the parties, the trial court framed the issues. When the matter was posted for the evidence of DW2, the present applications have been filed by the plaintiff for re-opening the case, to permit the plaintiff to lead further evidence and to examine the additional witnesses on behalf of the plaintiff. All the applications have been rejected. 3. The trial court, while passing the order, has held that, in a suit for injunction, the plaintiff has to prove and establish the possession and enjoyment of the suit schedule property as on the date of the suit. Later, the - 4 - NC: 2025:KHC:12572 WP No. 7903 of 2025 suit has been amended by adding the prayer of declaration. By allowing the applications for re-opening the evidence of PW1 and to examine three more witnesses, it will not cause any injustice to the defendants. 4. In view of the above, in the interest of justice, the writ petition requires to be allowed with certain conditions. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 01.03.2025 passed on IA Nos. 24 to 26 in O.S.No.5673/2016 by the XXVII Additional City Civil and Sessions Judge, Bengaluru is set aside. (iii) IA Nos. 24 to 26 filed by the plaintiff under Order XVI Rule 1, Order XVIII Rule 17 and Section 151 of CPC are allowed. (iv) The plaintiff has to complete the further examination of PW1 and the witnesses on the day to be fixed by the trial court without - 5 - NC: 2025:KHC:12572 WP No. 7903 of 2025 seeking for any adjournment. If the plaintiff seeks adjournment, on that day, the trial court can close the evidence of the plaintiff and proceed further. (v) The trial court is also directed to give opportunity to the defendants to cross- examine the witnesses examined by the plaintiff. (vi) Since the suit is of the year 2016, the trial court is directed to expedite the disposal of the matter. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 17