- 1 - NC: 2025:KHC:33 WP No. 32840 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 32840 OF 2024 (GM-CPC) BETWEEN: T N MADHUKAR S/O S NAGANNA AGED ABOUT 43 YEARS RESIDING OF PRAGATHI 1ST MAIN ROAD HANUMANTHAPURA EXTENSION TUMAKURU - 572 103. …PETITIONER (BY SRI. SUNIL KUMAR PATEL.,ADVOCATE) AND: 1. M SHANTHALA W/O P NIRANJANKUMAR AGED ABOUT 43 YEARS RESIDENT OF ELEREAMPURA VILLAGE AT POST, KOLALA HOBLI KORATAGERE TALUK TUMAKURU - 572129. 2. T J LATHA W/O P VAGEESH AGED ABOUT 30 YEARS RESIDENT OF 1ST CROSS, BATAWADI SIDDARAMESHWARA EXTENSION TUMAKURU - 572 102. …RESPONDENTS (BY SRI.KISHAN G.S., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ORDER DATED:1.10.2024 PASSED ON IA FILED U/O 18 RULE 17 R/W Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:33 WP No. 32840 of 2024 SECTION 151 OF CPC AND SEEKING TO RECALL PW-1 AND RE- OPEN BY THE DEFENDANT /PETITIONER IN OS NO. 11/2019 PENDING ON THE FILE OF THE III ADDL. CIVIL JUDGE AND JMFC TUMKURU VIDE ANNEXURE-A 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 ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioner challenging the order dated 01.10.2024 passed by the III Addl. Civil Judge and JMFC, Tumakuru on application filed under Order 18 Rule 17 read with Section 151 of CPC in O.S.No.11/2019. 2. The plaintiff filed the suit for bare injunction. After chief examination of plaintiff i.e., PW-1, the respondent was given sufficient opportunity to cross-examine PW-1. Inspite of giving sufficient opportunity, the defendant has not completed the cross-examination of PW-1. The defendant has taken 20 adjournments on one pretext or the other. Therefore, the Trial Court has closed the evidence of PW-1. Thereafter, the defendant has filed the application under Order 18 Rule 17 of CPC to reopen the - 3 - NC: 2025:KHC:33 WP No. 32840 of 2024 evidence of PW-1 for cross-examination. The Trial Court by impugned order dated 01.10.2024 has rejected the said application. Being aggrieved by the same, the present petition is filed. 3. The statement of objections filed by respondent No.2 is taken on record. 4. It is true that the defendant was not diligent in cross examining PW-1 at the earliest. On that ground, it is not advisable to shut out the full fledged evidence. The delay or inaction on the part of the defendant can be suitably met with by imposing cost to be payable to the plaintiff. 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The impugned order dated 01.10.2024 passed by the III Addl. Civil Judge and JMFC, Tumakuru - 4 - NC: 2025:KHC:33 WP No. 32840 of 2024 application filed under Order 18 Rule 17 read with Section 151 of CPC in O.S.No.11/2019, is set aside. The said application is allowed. c) The defendant is permitted to cross-examine PW-1 on 05.02.2025, on payment of cost of Rs.5,000/- payable to the plaintiff on the said date. Payment of cost is a condition precedent. d) The learned Judge of the Trial Court is directed to dispose of the suit on merits as expeditiously as possible not later than six months from the date of cross-examination of PW-1. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 47