- 1 - HC-KAR NC: 2025:KHC-D:10655 WP No. 101260 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 101260 OF 2021 (GM-CPC) BETWEEN: 1. SHRI IRANNA GUNDAPPA TURAI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. BELAWADI, TQ. BAILHONGAL, DIST. BELAGAVI-591104. 2. SHRI GUNDAPPA SADEPPA TURAI, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. BELAWADI, TQ. BAILHONGAL, DIST. BELAGAVI-591104. 3. SHRI MAHANTESH GUNDAPPA TURAI, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. BELAWADI, TQ. BAILHONGAL, DIST. BELAGAVI-591104. …PETITIONERS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: SHRI RACHAPPA VEERAPPA KARIKATTI, SINCE DECEASED BY LRS. 1. SHRI VEERANNA S/O. RACHAPPA KARIKATTI, AGE: 36 YEARS, OCC: AGRICULTURE & BUSINESS, R/O. BELAWADI, TQ. BAILHONGAL, DIST: BELAGAVI-591104. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10655 WP No. 101260 of 2021 2. SHRI VISHWANATH S/O. RACHAPPA KARIKATTI, AGE: 32 YEARS, OCC: AGRICULTURE & BUSINESS, R/O. BELAWADI, TQ. BAILHONGAL, DIST. BELAGAVI-591104. 3. SMT. VISHALA W/O. VINAYA WADDIAN, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O. DHARWAD, TQ. & DIST. DHARWAD-581002. 4. SMT. VIJAYA W/O. SHANAKARGOUDA PATIL, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. AMBADGATTI, TQ: KITTUR, DIST: BELAGAVI, NOW AT BAILHONGAL-591102. 5. SMT. NELAMMA W/O. RACHAPPA KARIKATTI, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O. BELAWADI, TQ: BAILHONGAL, DIST: BELAGAVI-591104. …RESPONDENTS (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) 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 OR ANY OTHER WRIT OR DIRECTION, BY QUASHING THE ORDER DATED 04.03.2021 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, BAILHONGAL IN O.S.NO.416/2012, VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10655 WP No. 101260 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This petition is filed seeking the following reliefs: a) Issue a writ in the nature of certiorari or any other writ or direction, by quashing the order dated 04.03.2021 passed by the Prl. Civil Judge and JMFC, Bailhongal in O.S.No.416/2012, vide Annexure-E, in the interest of justice and equity. b) Pass any such appropriate orders as this Hon’ble Court deems fit, just and proper in the circumstances of this case, in the ends of justice and equity. 2. Learned counsel for the petitioners submits that the petitioners are defendants in suit filed by the respondent for relief of permanent injunction. It is submitted that the plaintiff examined himself as PW1 and before cross-examination, he died. The death of PW1 was reported to the Court and under the impugned order, the trial Court held that the evidence of PW1 is discarded instead of keeping the evidence in abeyance by permitting the legal heirs of the plaintiff to adduce further evidence. Hence, he seeks to allow the petition to the aforesaid effect. - 4 - HC-KAR NC: 2025:KHC-D:10655 WP No. 101260 of 2021 3. Per contra, learned counsel for the respondents/plaintiffs supports the impugned order of the trial Court and submits that the legal heirs of PW1 are already on record, they would adduce the evidence to establish their case. Hence, he seeks to pass appropriate orders. 4. Heard Sri Santosh B.Rawoot, learned counsel for the petitioners, Sri Santosh B.Malagoudar, learned counsel for respondents and perused the material available on record. 5. The pleading and material on record indicate that the respondents herein are the legal heirs of Rachappa Veerappa Karikatti who has filed suit in O.S.No.416/2012 on the file of Principal Civil Judge and J.M.F.C., Bailhongal seeking the relief of permanent injunction against the petitioners herein. In the said suit, the plaintiff examined himself as PW1 and before cross- examination, he died. The same was reported to the trial Court by the learned counsel for the plaintiff by filing a memo. The trial Court recorded the said memo and further ordered that the evidence of PW1 is discarded. In my considered view the approach of the trial Court discarding the evidence in entirety only on the ground that he has not been cross-examined is - 5 - HC-KAR NC: 2025:KHC-D:10655 WP No. 101260 of 2021 incorrect. The trial Court ought to have kept the evidence of PW1/original plaintiff in abeyance by permitting the legal heirs of the original plaintiff to adduce further evidence. The interest of justice would be met if the impugned order is set aside by directing the trial Court to keep the evidence of PW1/original plaintiff in abeyance. 6. For the aforementioned reasons, I proceed to pass the following: ORDER i. The writ petition is allowed. Impugned order dated 04.03.2021 passed by the Principal Civil Judge and J.M.F.C., Bailhongal in O.S.No.416/2012 at Annexure-E is set aside. ii. The evidence of PW1/original plaintiff is ordered to be kept in abeyance and the legal heirs of the original plaintiff are permitted to adduce evidence. - 6 - HC-KAR NC: 2025:KHC-D:10655 WP No. 101260 of 2021 iii. The parties to the proceeding are at liberty to place reliance on the evidence of PW1 in their arguments to the extent permissible under law. iv. No order as to costs. Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN List No.: 1 Sl No.: 21