- 1 - NC: 2025:KHC:15492 WP No. 10889 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10889 OF 2025 (GM-CPC) BETWEEN: 1. MR M JAYASHANKARA AGED ABOUT 67 YEARS S/O.LATE NARAYANAPPA. 2. MRS PARVATHAMMA AGED ABOUT 63 YEARS W/O MR M JAYASHANKARA 3. MR J LAKSHMISHA AGED ABOUT 40 YEARS S/O MR JAYASHANKARA 4. MRS ROOPA M J D/O MR JAYASHANKARA AGED ABOUT 38 YEARS ALL RESIDING AT MASTHENAHALLI KAIWARA HOBLI, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT-563128. …PETITIONERS (BY SMT. DEEPTHI DIVYA PRAKASH., ADVOCATE) AND: MRS G G KAVITA W/O. MR. GURUPRASAD AGED ABOUT 39 YEARS RESIDING AT VASAVI BEEDHI KAIWARA HOBLI, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:15492 WP No. 10889 of 2025 ORDER DATED: 27.03.2025 (ANNEXURE-A) PASSED ON APPLICATION NO 15 & 16 UNDER ORDER 18 RULE 17 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE BY THE SENIOR CIVIL JUDGE AND MFC, CHINTAMANI CHIKKABALLAPURA DISTRICT IN O.S.NO.5/2015 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 petitioners-defendants challenging the order dated 27.03.2025 passed by the Senior Civil Judge and JMFC, Chitamani, Chikkaballapura on I.A.Nos.15 and 16 filed under Order XVIII Rule 17 read with Section 151 of CPC in O.S.No.5/2015, whereby the Trial Court has dismissed the said applications. 2. The plaintiff filed the suit for specific performance of the contract. On service of the suit summons, the defendants appeared and filed a written statement. On the basis of the pleadings of the parties, the Trial Court framed issues. Thereafter, both the plaintiff and the defendants adduced their evidence. When the matter was posted for arguments, the plaintiff’s side arguments were - 3 - NC: 2025:KHC:15492 WP No. 10889 of 2025 concluded, and when the matter was posted for the defendants’ side arguments, I.A.Nos.15 and 16 were filed under Order XVIII Rule 17 read with Section 151 of CPC to reopen the case and recall PW-1 to PW-4 for further cross- examination by the defendants’ counsel. The trial Court by impugned order dated 27.03.2025, has dismissed the said applications. Being aggrieved by the same, the present petition has been filed. 3. It is to be noted that, the evidence of PW-1 to PW-4 was completed before 2019. On an earlier occasion, similar applications were filed by the defendants and the same were dismissed on 08.04.2019. 4. The only ground urged by the learned counsel for the petitioners is that Ex.P1 and Ex.P2 were impounded by subsequent order dated 14.03.2025. In view of this subsequent development, re-examination of the witness is required. Except this, there is no other subsequent event that requires recalling the witnesses PW-1 to PW-4, that too when the matter was posted for the defendants’ side - 4 - NC: 2025:KHC:15492 WP No. 10889 of 2025 arguments. Filing such applications is just to drag the matter. 5. Therefore, considering these aspects, the trial Court has rightly rejected the applications. There is no error or illegality in the order passed by the trial Court. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 17