- 1 - NC: 2025:KHC-D:3637 WP No. 100875 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100875 OF 2025 (GM-CPC) BETWEEN: 1. SHIVANAND S/O BASAVARAJ WALI SINCE DECEASED BY HIS LRS BHARATI W/O SHIVANAND WALI AGE. 34 YEARS OCC. HOME MAKER 2. VISHWANATH S/O SHIVANAND WALI AGE. 17 YEARS OCC. STUDENT (MINOR REPRESENTED BY HIS MOTHER PETITIONER NO.1) BOTH R/O.BUDIHAL VILLAGE TQ. BILAGI DIST. BAGALKOT PINCODE. 587117 …PETITIONERS (BY SRI. SONU SUHEL N, ADVOCATE) AND: 1. RADHIKA W/O KRISHNA SATWIK AGE. 67 YEARS OCC. HOME MAKER R/O. “SHESHACHAL” 1096 ANATHSHAYANA GALLI ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.25 15:12:48 +0530 - 2 - NC: 2025:KHC-D:3637 WP No. 100875 of 2025 TQ. DIST.BELAGAVI-590002 2. KRISHNA S/O GUNDERAO SATWIK SINCE DECEASED BY HIS LRS ASHWINI D/O KRISHNA SATWIK AFTER MARRIAGE KNOWN AS ASHWINI W/O K KALYAN AGE. 38 YEARS OCC. HOME MAKER R/O. “SHESHACHAL” 1096 ANATHSHAYANA GALLI TQ. DIST.BELAGAVI-590002 3. KALAVATI W/O RUDRAPPA WALI AGE. 62 YEARS OCC. HOME MAKER R/O. BUDIHAL VILLAGE TQ. BILAGI DIST. BAGALKOT PIN CODE. 587117 …RESPONDENTS (BY SRI. S.S. BETURMATH AND SRI. SOURABH A. SONDUR., ADVOCATES FOR R1-R2; NOTICE TO R-3 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI/SET ASIDE/QUASH THE IMPUGNED ORDER PASSED ON I.A.NO.12 IN O.S.NO.133/2021 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM BELAGAVI, AT BELAGAVI DATED 10/01/2025 PRODUCED ALONG WITH ORDER SHEET AS ANNEXURE-E, IN THE INTEREST AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:3637 WP No. 100875 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondent No.3 is dispensed with at the request of the learned counsel for the petitioners since respondent No.3 is a co-defendant of the petitioners. 2. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari/set aside/quash the impugned order passed on I.A.No.12 in O.S.No.133/2021 pending on the file of Principal Senior Civil Judge and CJM Belagavi, at Belagavi dated 10.01.2025 produced along with order sheet as Annexure-E, in the interest of equity. ii. Pass such order or orders which this Hon’ble Court deem fit in the circumstances of the case by allowing by the petitioner to further cross examine plaintiff in the interest of justice. 3. The petitioners are aggrieved by the rejection of IA No.12 filed by the petitioner in OS No.133/2021 vide order dated 10-01-2025 at Annexure-E. The said application had been filed by the petitioners seeking for recall of - 4 - NC: 2025:KHC-D:3637 WP No. 100875 of 2025 the stage permitting the petitioners to cross-examine PWs-1 and 2. The submission of the learned counsel for the petitioners is that the petitioners were unable to cross-examine the said witnesses on the said date and if the petitioners were not permitted to cross-examine, the suit being one for recovery of money and declaration of sale deed being null and void, the interest of the defendants would suffer irreparably and they are not having any defense. 4. Sri.S.S.Beturmath, learned counsel for respondents No.1 and 2 objects to the above petition by contending that twice earlier application filed by the petitioners for recall of PWs-1 and 2 for cross-examination have been allowed despite which the petitioners did not cross- examine. The present application is third in line filed for recall of PWs-1 and 2. The applications have been filed only to prolong the matter and for no other purpose. - 5 - NC: 2025:KHC-D:3637 WP No. 100875 of 2025 5. Having considered the submission made by the counsel for the petitioners taking into account the claim of a large amount of money to an extent of Rs.54 lakhs being claimed against the petitioners as also for a declaration that a sale deed is null and void and for cancellation thereof, I am of the considered opinion that one last and final opportunity is required to be granted to the petitioners to enable them to cross-examine PWs-1 and 2. It is made clear that if the petitioners were not to utilize this opportunity and cross-examine PWs-1 and 2 on the next date that they are present and seek for any adjournment before the trial Court, then the indulgence granted under this order would stand automatically rescinded. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. - 6 - NC: 2025:KHC-D:3637 WP No. 100875 of 2025 ii) The order dated 10-01-2025 passed on IA No.12 in OS No.133/2021 by the Principal Senior Civil Judge and CJM, Belagavi is set aside. Consequently, aforesaid IA No.12 is allowed. The stage is recalled. Petitioners are permitted to cross-examine PWs-1 and 2 on the very next date i.e., 22.03.2025 when they are present without seeking for any adjournment subject to payment of cost of Rs. 3000 to the Respondents. iii) Pending IAs stand disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS/List No.: 1 Sl No.: 74