- 1 - NC: 2025:KHC:10979 WP No. 33904 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33904 OF 2024 (GM-CPC) BETWEEN: SMT VENKATALAKSHMAMMA W/O MUNIVENKATAPPA AGED ABOUT 56 YEARS R/AT NERALEMARADADODDI VILLAGE HAROHALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT-562 112. …PETITIONER (BY SRI. SWAMY M M.,ADVOCATE) AND: SMT PUSHPALATHA W/O M N RAMACHANDRAMURTHY AGED ABOUT 51 YEARS R/AT MALAGALU VILLAGE KASABA HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT 562112. …RESPONDENT (BY SRI. H M MADHUSUDHANA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED ON I.A.NOS 17 AND 18 IN O.S.NO.625/2014 BY THE SENIOR CIVIL JUDGE AND JMFC KANAKAPURA, DATED: 30.10.2024 VIDE ANNEXURE-F AND ALLOW THE SAID APPLICATIONS AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10979 WP No. 33904 of 2024 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 defendant No.1 under Article 227 of the Constitution of India challenging the order dated 30.10.2024 passed on IA Nos.XVII and XVIII in O.S.No.625/2014 by the Senior Civil Judge and JMFC, Kanakapura, whereby the said applications have been dismissed. 2. The plaintiff filed a suit for specific performance of the contract. After the evidence of the parties was completed, defendant No.1 filed IA Nos.XVII and XVIII to re-open the case and to permit him to examine two more witnesses. The same came to be dismissed on the ground that no proper reason is given to allow the applications. 3. Be that as it may. In the interest of justice, to give one more opportunity to the parties, IA Nos.XVII and XVIII filed by defendant No.1 requires to be allowed, but subject to certain conditions. - 3 - NC: 2025:KHC:10979 WP No. 33904 of 2024 4. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 30.10.2024 passed on IA Nos.XVII and XVIII in O.S.No.625/2014 on the file of the Senior Civil Judge and JMFC, Kanakapura is set aside. (iii) IA Nos.XVII and XVIII are allowed, subject to condition that the petitioner/defendant No.1 has to examine the two witnesses on the date to be fixed by the trial court, without seeking any further adjournment. (iv) Amount in deposit before this Court is ordered to be transmitted to the trial court. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 81