- 1 - NC: 2025:KHC:2755 WP No. 25889 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25889 OF 2023 (GM-CPC) BETWEEN: DEVARAJU S/O SIDDEGOWDA AGED ABOUT 55 YEARS R/AT GUNDUPURA VILLAGE HALGUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT - 571430 …PETITIONER (BY SRI. NARAYAN MAYYAR.,ADVOCATE) AND: SRI.G.M. MAHESH S/O LATE MAHADEVAGOWDA AGED ABOUT 54 YEARS R/AT GUNDUPURA VILLAGE HALGUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT - 571430 …RESPONDENT (BY SRI. PRAKASH M H., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO KINDLY SET ASIDE THE IMPUGNED ORDER DATED: 25.10.2023 PASSED AT ANNEXURE-L ON THE APPLICATIONS FILED BY THE PETITIONER / DEFENDANT AT ANNEXURE-J AND ANNEXURE-K IN O.S. 32/2009 BY THE PRINCIPAL CIVIL JUDGE (JR. DVN) AND JMFC, MALAVALLI BY EXERCISING SUPERVISORY JURISDICTION AND CONSEQUENTLY ALLOW THE APPLICATION AT ANNEXURE-J AND ANNEXURE-K IN O.S. NO. 32/2009 PENDING IN THE FILE OF PRINCIPAL CIVIL JUDGE (JR. DVN) AND JMFC, MALAVALLI AND THEREBY PERMIT THE PETITIONER TO CROSS-EXAMINE THE PW1 AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2755 WP No. 25889 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 the defendant challenging the order dated 25.10.2023 whereby the application filed by the petitioner for reopening the cross-examination of PW1 and for recalling the order dated 23.08.2023 came to be dismissed. 2. The plaintiff filed a suit for specific performance. When the matter was posted for arguments, on that day, the defendant filed the applications. Since the application filed by the plaintiff has been allowed and he has been permitted to produce additional documents, it is just and necessary to allow the applications filed by the defendant. 3. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 25.10.2023 passed by Principal Civil Judge & JMFC, Malavalli on IAs. filed under Section 151 of CPC and under - 3 - NC: 2025:KHC:2755 WP No. 25889 of 2023 Order XVIII Rule 17 r/w. Section 151 of CPC is set aside. (iii) The application filed by the petitioner under Section 151 of CPC for re-opening the cross- examination of PW1 and the application filed under Order XVIII Rule 17 of CPC for recalling the order dated 23.08.2023 are allowed, with a condition that the defendant has to cross- examine PW1 on the next date of hearing, without taking any further adjournment. (iv) The trial court is directed to dispose of the suit as expeditiously as possible and not later than eight months from the date of receipt of a copy of this order. (v) Both the parties are directed to co-operate for expeditious disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 76