- 1 - NC: 2025:KHC-D:4194 WP No. 102035 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.102035 OF 2021 (GM-CPC) BETWEEN: SRI. ASHOK S/O LAXMANRAO PATIL, AGE: 70 YEARS, OCC: RETIRED, R/O: GURUPRASAD COLONY, R.C. NAGAR, BELAGAVI-590 006. … PETITIONER (BY SMT. CHETANA S. BIRAJ, ADVOCATE) AND: SRI. SAGAR S/O BALCHANDRA FASALKAR, AGE: 36 YEARS, OCC: PVT. SERVICE, R/O: PARVATI NAGAR, KHADARWADI, BELAGAVI-590 008. … RESPONDENT (BY SRI. D.S.KULKARNI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4194 WP No. 102035 of 2021 ORAL ORDER Smt.Chetana.S.Biraj., counsel for the petitioner and Sri.D.S.Kulkarni., counsel for the respondent have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 18.03.2021 passed by the I Addl. Civil Judge and JMFC, Belagavi in O.S. No.871/2011 vide Annexure-A and consequently allow the I.A. Nos.17 to 19. 3. For the sake of convenience, the parties are referred to as per their status and rankings before the Trial Court. 4. The short facts are these. The plaintiff filed a suit on the file of the I Additional Civil Judge and JMFC Belagavi in O.S.No.871/2011 for the relief of permanent injunction. The defendant appeared through this counsel and filed a written statement. The matter was set down for arguments. The defendant filed interlocutory applications in I.A.No.15 and 16 for recalling PW-1 for further cross- examination and production of the documents. The Trial Court rejected both applications vide order dated 17.01.2020. - 3 - NC: 2025:KHC-D:4194 WP No. 102035 of 2021 As the matter stood thus, the defendant filed three more applications in I.A.Nos.17, 18 and 19 for re-opening the plaintiff’s side; recalling PW-1 for further cross-examination and to recall DW-1 for further chief examination. The Trial Court vide order dated 18.03.2021 rejected the applications. Under these circumstances, the petitioner has filed the captioned Writ Petition on several grounds as set out in the Memorandum of Writ Petition. 5. Counsel for the respective parties urged several contentions. Smt.Chetana.S.Biraj., counsel for the petitioner submits that the petitioner is not pressing I.A.Nos.17 and 18. The petitioner restricts his prayer only to I.A. No.19. The oral submission made by counsel for the petitioner is placed on record. Counsel for the petitioner in presenting her arguments submits that I.A.No.19 was filed to recall DW-1 for further chief examination. She argued by stating that the defendant had sworn an affidavit in support of the application. Counsel vehemently contends that the defendant had applied I.A.No.16 - 4 - NC: 2025:KHC-D:4194 WP No. 102035 of 2021 for the production of the documents and the documents were not marked as evidence, hence, it was necessary to mark those documents and therefore, there was a necessity to recall DW-1 for further chief examination. Counsel also contended that the Trial Court had rejected the earlier applications on technical grounds. Lastly, she submits that the order passed on I.A.No.19 may be set aside and the Writ Petition may be allowed as far as the rejection of application No.19. Counsel for the respondent supported the order passed by the Trial Court. He argued by saying that the Trial Court extenso referred to the material on record and the contentions urged on behalf of the respective parties rightly rejected the application. Lastly, he submitted that the Writ Petition is devoid of merits and the same may be dismissed. 6. Heard the arguments and perused the Writ papers with utmost care. 7. The facts are sufficiently stated and they do not require reiteration. As requested by counsel for the petitioner the writ petition is confined only to the rejection of I.A.No.19 - 5 - NC: 2025:KHC-D:4194 WP No. 102035 of 2021 hence, there is no need to answer about the rejection of I.A.Nos.17 and 18. I.A.No.19 was filed to recall DW.1 for further chief examination. The defendant Mr.Ashok Laxman Patil has sworn to a declaration of fact in the form of an affidavit and has stated that he had filed I.A.No.16 for the production of documents and the documents were not marked into the evidence and therefore, it is necessary to recall DW.1 for marking all the documents. It is pivotal to note that the defendant filed an application i.e., I.A.No.16 for the production of additional documents and the application came to be rejected vide order dated:17.01.2020. The rejection order has attained finality as there is no challenge to the said order before the Higher Forum. Hence, the reasons assigned in the application to recall DW.1 for further chief examination and marking of the documents is satisfactorily hopeless. Needless to say, the Court has not permitted the defendant to produce the additional documents and hence, there is no question of marking the documents by way of further chief examination of DW.1 - 6 - NC: 2025:KHC-D:4194 WP No. 102035 of 2021 8. Lastly, Smt.Chetana S.Biraj, counsel for the petitioner submitted that the Trial Court rejected I.A. No.16 on technical grounds. She argued that I.A. No.19 was filed to recall DW.1, hence, the question of res judicata does not arise. 9. As already noted above, the application to produce the additional documents was rejected by the Trial Court. When the defendant was not permitted to produce the additional documents, the question of reopening and marking the documents does not arise for consideration. Moreover, the Trial Court extenso referred to the material on record and has rightly rejected the application. In my view, the rejection is just and proper. I find no grounds to interfere with the order passed by the Trial Court on I.A.No.19. 10. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE MRP,RH LIST NO.: 2 SL NO.: 41