- 1 - NC: 2025:KHC:10332 WP No. 21318 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 21318 OF 2024 (GM-CPC) BETWEEN: SMT. MANJULA D/O HAMUNATHARAYAPPA W/O M NARAYANASWAMY AGED ABOUT 47 YEARS R/AT DOOR NO 302, JAKKUR LAYOUT 8TH D CROSS, YELAHANKA HOBALI BANGALORE NORTH TALUK BANGALORE 570064 REP / BY POWER OF ATTORNEY HOLDER A P KRISHNAPPA S/O DODDAPPANNA @ PILLAPPA AGED ABOUT 56 YEARS R/AT AGRAHARA VILLAGE JAKKUR POST, YELAHANKA TALUK BANGALORE 560064. …PETITIONER (BY SRI. KRISHNAMOORTHY D., ADVOCATE) AND: 1. RUDRAPPA S/O LATE RAMAIAH AGED ABOUT 62 YEARS R/AT CHIKKANAHALLI VILLAGE BALAVANGALA HOBALI DODDABALLAPURA TALUK-561204. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10332 WP No. 21318 of 2024 2. SMT AMMAYYAMMA D/O LATE HANUMANTHARAYAPPA AGED ABOUT 55 YEARS 3. SMT RATNAMMA SINCE DEAD BY LRs. MURALI S/O NARAYANSWAMY AGED ABOUT 51 YEARS 4. JAGADESH S/O NARASIMHAMURTHY AGED ABOUT 46 YEARS R3 & R4 ARE R/AT C/O P MUNISHAMAPPA S/O PHILLAPPA RACHENAHALLI VILLAGE DR SHIVARAMA KARANTH NAGAR POST BANGALORE-560077. 5. SMT PRABHAVATHAMMA W/O LATE RUDREGOWDA AGED ABOUT 50 YEARS R2 AND R5 ARE R/AT CHIKKANAHALLI VILLAGE DODDABELAVANGALA HOBALI DODDABALLAPURA TALUK 561204. …RESPONDENTS (BY SRI. VENKATESHA., ADVOCATE FOR R1: NOTICE TO R2 TO R5 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 27.04.2024 IN OS NO. 270/2012 ON IA FILED UNDER ORDER XVIII RULE 17 R/W SECTION 151 OF THE CPC PASSED BY THE LEARNED ADDL CIVIL JUDGE AND JMFC AT DODDABALLAPURA PRODUCED AT ANNEXURE-E AND ETC. - 3 - NC: 2025:KHC:10332 WP No. 21318 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant No.1, challenging the order dated 27.04.2024 on IA filed under Order XVIII Rule 17 r/w. Section 151 of CPC in O.S.No.270/2012 passed by the Additional Civil Judge and JMFC, Doddaballapura, whereby the application for recalling the witness - PW1, was rejected. 2. The plaintiff filed a suit for declaration and injunction. On appearance, defendant No.1 filed the written statement. On the basis of the pleadings of the parties, the trial court framed the issues. Parties have adduced their evidence and sufficient opportunity has been given to the defendants to cross-examine PW1. After completion of the cross-examination, cross-examination of PW1 was closed. Thereafter, defendant No.1 preferred this application for recalling PW1 for further cross-examination - 4 - NC: 2025:KHC:10332 WP No. 21318 of 2024 on the ground that, subsequently, he came to know that plaintiff’s brother has filed a suit for partition. 3. In view of the above, to give one more opportunity, I am of the opinion that the application requires to be allowed, but with certain conditions. 4. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 27.04.2024 passed on IA filed under Order XVIII Rule 17 r/w. Section 151 of CPC by the Additional Civil Judge and JMFC, Doddaballapura is set aside. (iii) IA filed by the defendant No.1 is allowed subject to condition that, on the next date to be fixed by the trial court for cross- examination of PW1, the defendant No.1, without taking any further adjournment has to complete the cross-examination of PW1. - 5 - NC: 2025:KHC:10332 WP No. 21318 of 2024 (iv) Further, defendant No.1 has to pay a cost of Rs.10,000/- to PW1 before the next date of hearing. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 39