- 1 - NC: 2025:KHC:787 WP No. 9700 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9700 OF 2024 (GM-CPC) BETWEEN: GIRISH P N S/O LATE L NARASHANUMAIAH AGED ABOUT 50 YEARS AGRICULTURIST URDIGERE HOBLI TUMAKURU TALUK & DISTRICT-572 140 …PETITIONER (BY SRI. S V PRAKASH.,ADVOCATE) AND: 1. GOWRAMMA W/O LATE P A HANUMANTHAIAH AGED ABOUT 73 YEARS 2. LAKSHMINARASIMHAMURTHY S/O LATE P A HANUMANTHAIAH AGED ABOUT 53 YEARS 3. NARASIMHAMURTHY S/O LATE P A HANUMANTHAIAH AGED ABOUT 47 YEARS 4. BHOGANARASIMHAMURTHY S/O LATE P A HANUMANTHAIAH AGED ABOUT 47 YEARS 5. NAGARAJU S/O LATE P A HANUMANTHAIAH AGED ABOUT 43 YEARS ALL ARE R/O PANDITHANAHALLI VILLAGE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:787 WP No. 9700 of 2024 URDIGERE HOBLI TUMAKURU TALUK & DISTRICT-572 140 …RESPONDENTS (BY SRI. V B SIDDARAMAIAH.,ADVOCATE FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11.3.24 PASSED BY THE COURT OF V ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU, ON THE APPLICATION MADE BY THE PETITIONER UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE SEEKING TO RE OPEN HIS EVIDENCE AND THE APPLICATION MADE IN TERMS OF ORDER XVI RULES 1 AND 2 OF CODE OF CIVIL PROCEDURE SEEKING TO CONDONE THE DELAY IN FURNISHING THE LIST OF WITNESSES IN OS NO. 561/2011 PRODUCED AS ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR PRELIMINAY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition is filed by the petitioner/plaintiff under Article 227 of the Constitution of India, challenging the order dated 11.03.2024 passed by the V Additional Civil Judge and JMFC, Tumakuru on an application filed under Section 151 of the CPC in O.S.No.561/2011, seeking to reopen the case by recalling the order dated 17.11.2022 and permitting the plaintiff to lead further evidence. By order dated 11.03.2024, the said application - 3 - NC: 2025:KHC:787 WP No. 9700 of 2024 was dismissed. Being aggrieved by the same, the petitioner has approached this Court in this writ petition. 2. The plaintiff has filed a suit for declaration. PW-1 has adduced evidence. The defendants have cross-examined the PW-1 and evidence of defendants is also completed. At this stage, the plaintiff has filed an application for reopening the case for further evidence of the plaintiff, PW-1. The trial Court has rejected the application on the ground that the matter is posted for arguments and the application has been filed at a belated stage. 3. Be that as it may. The evidence of the parties has been completed and the matter is posted for arguments before the trail Court. At this stage, the plaintiff has filed an application for reopening the case for further evidence of the plaintiff. Under these circumstances and in the interest of justice, I am of the opinion that the writ petition is liable to be allowed on imposing exemplary cost on the petitioner payable to the defendants. - 4 - NC: 2025:KHC:787 WP No. 9700 of 2024 4. Accordingly, I pass the following order: ORDER a) The writ petition is allowed. b) The order dated 11.03.2024 passed by the V Additional Civil Judge and JMFC, Tumakuru on an application filed under Section 151 of the CPC in O.S.No.561/2011 is hereby set aside. c) IA filed by the plaintiff under Section 151 of CPC is allowed. d) The plaintiff is permitted to lead further evidence and defendants are at liberty to cross- examine the plaintiff. e) The plaintiff is directed to pay the cost of Rs.10,000/- (Rs.2,000/- to each of the defendants). The payment of cost is a condition precedent. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 47