- 1 - NC: 2025:KHC-D:4119 WP No. 102559 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102559 OF 2022 (GM-CPC) BETWEEN: SRI. MAHADEVAPPA S/O NINGAPPA AYATI AGE: 60 YEARS, OCC: SERVICE AND AGRICULTURE, R/O: KURDIKERI, TQ: HUBBALLI, DIST: DHARWAD-581 196. … PETITIONER (BY SRI. MAHESH WODEYAR, ADVOCATE) AND: 1. SMT. SHIDDAVVA W/O SHIVAPPA ADARAGUNCHI, AGE: 49 YEARS, OCC: HOUSEHOLD, R/O: GHANTIKERI ONI, NEAR BASAVANNADEVAR TEMPLE, HUBBALLI-580 020. 2. SMT. SHANTAVVA W/O CHANNABASAPPAUNKAL AGE: 58 YEARS, OCC: HOUSEHOLD R/O :KURDIKERI, TQ: HUBBALLI-580020 DIST: DHARWAD. 3. SMT. BASAVANNEPPA D/O CHANNABASAPPA UNKAL, AGE: 44 YEARS, OCC: HOUSEHOLD, R/O: KURDIKERI, TQ: HUBBALLI-580 020, DIST: DHARWAD. 4. MANJAVVA D/O CHANNABASAPPA UNKAL, AGE: 38 YEARS, OCC: HOUSEHOLD, R/O: KURDIKERI, TQ: HUBBALLI-580 020, DIST: DHARWAD. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4119 WP No. 102559 of 2022 5. SMT. CHANNAVVA D/O CHANNABASAPPA UNKAL, AGE: 42 YEARS, OCC: HOUSEHOLD, R/O: KURDIKERI, TQ: HUBBALLI-580 020, DIST: DHARWAD. 6. SRI. MANJAPPA @ MANJUNATH S/O CHANNABASAPPA UNKAL, AGE: 35 YEARS, OCC: NOT KNOWN, R/O: KURDIKERI, TQ: HUBBALLI-580 020, DIST: DHARWAD. 7. SMT. DYAMAVVA W/O MAHADEVAPPA ANGADI, AGE: 58 YEARS, OCC: HOUSEHOLD, R/O: KURDIKERI, TQ: HUBBALLI-580 020, DIST: DHARWAD. 8. SMT. MAHADEVI W/O RAMAPPA KUSAGALL, AGE: 46 YEARS, OCC: HOUSEHOLD, R/O: UGNIKERI, TQ: KALGATAGI, DIST: DHARWAD-581 204. 9. SMT. PARVATEVVA W/O BASAVANNEPPA KUBIHAL, AGE ABOUT: 69 YEARS, OCC: HOUSEHOLD, R/O: KURDIKERI, TQ: HUBBALLI-580 020. 10. SMT. SOMAVVA W/O YALLAPPA NADUMANI, AGE ABOUT: 68 YEARS, OCC: HOUSEHOLD, R/O: HUNAGUND, TQ: MUNDAGOD, DIST: KARWAR-587 118. 11. SHRI. BASAVANNEPPA S/O NINGAPPA AYATTI, AGE ABOUT: 63 YEARS, OCC: AGRICULTURE, R/O: KURDIKERI, TQ: HUBBALLI, DIST: DHARWAD-580 020. 12. SMT. CHANABASAVVA W/O SAHADEVAPPA UNKAL, AGE ABOUT: 61 YEARS, OCC: HOUSEHOLD, R/O: KURDIKERI, TQ: HUBBALLI, DIST: DHARWAD-580 020. 13. SMT. SHANTAVVA W/O MUTTAPPA CHANGONNAVAR, AGE ABOUT: 58 YEARS, OCC: HOUSEHOLD, - 3 - NC: 2025:KHC-D:4119 WP No. 102559 of 2022 R/O: INAM VEERAPUR, TQ: HUBBALLI, DIST: DHARWAD-581 207. 14. SMT. BASAVVA W/O BHIMANAGOUDA AVVANNAVAR, AGE ABOUT: 56 YEARS, OCC: HOUSEHOLD, R/O: OPP. APMC, MASARI ROAD, GADAG-582 101. 15. SMT. NAGAVVA W/O CHANDRAPPA UNKAL, AGE ABOUT: 66 YEARS, OCC: HOUSEHOLD, R/O: BEHIND SHRI. SHIVANAND MUTT, BAIRIDEVARKOPPA, HUBBALLI-580 025. 16. SMT. DYAMAVVA W/O SHIVANAGOUDA PATIL, AGE ABOUT: 71 YEARS, OCC: HOUSEHOLD, R/O: KURDIKERI, TQ: HUBBALLI, DIST: DHARWAD-580 020. 17. SHRI. YALLAPPA S/O CHANABASAPPA NADUR, AGE ABOUT: 64 YEARS, OCC: AGRICULTURE, R/O: UGGINAKERI, TQ: KALGATAGI, DIST: DHARWAD-581 204. … RESPONDENTS (BY SRI. PRAKASH K. JAWALKAR, ADVOCATE FOR R2-R6; NOTICE TO R1 AND R7-17 DISPENSED WITH) 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: - 4 - NC: 2025:KHC-D:4119 WP No. 102559 of 2022 ORAL ORDER Sri.Mahesh Wodeyar, counsel for the petitioner and Sri.Prakash K.Jawalkar, counsel for respondents 2 to 6 have appeared in person. 2. The short facts are these: 3. One Smt.Shiddavva is the plaintiff. She filed a suit on the file of the Prl. Senior Civil Judge and JMFC., Hubballi in O.S. No.47/2016. The petitioner is defendant No.8 and respondent No.6 is defendant No. 5 before the Trial Court. During the pendency of the proceedings before the Trial Court, the petitioner on an oral request, made an attempt to cross- examine defendant No.5. Defendant No.5 orally objected and after the contest, the Trial Court vide order dated 25.05.2022 rejected the request of defendant No.8. Hence, the petitioner has filed the captioned Writ Petition on several grounds as set out in the Memorandum of Writ Petition. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the writ papers with care. - 5 - NC: 2025:KHC-D:4119 WP No. 102559 of 2022 5. The facts are sufficiently stated and they do not require reiteration. The issue revolves around a narrow compass and relates to the oral request made by defendant No.8 to cross-examine defendant No.5. 6. Counsel Sri. Mahesh Wodeyar., in presenting his arguments strenuously urged that one Mr.Channabasappa executed a Will in favor of defendant No.8. He argued by saying that there is a conflict of interest between defendant No.8 and defendant No.5. Hence, defendant No.8 requested the Trial Court to cross-examine the defendant No.5. The Trial Court taking note of the arguments, observed that in the absence of any application, the oral request made by defendant No.8 to cross-examine defendant No.5 is not permissible. In my view the Trial Court is justified in rejecting the request of defendant No.8. Hence, I find no grounds to quash the impugned order. However, liberty is accorded for the petitioner to move an appropriate application before the Trial Court seeking appropriate relief to address his grievance if so advised. If such an application is filed, defendant No.5 is permitted to file the statement of objections to the same. With the above observations, the Writ Petition is rejected. - 6 - NC: 2025:KHC-D:4119 WP No. 102559 of 2022 Because of the rejection of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE MRP CT:BCK LIST NO.: 1 SL NO.: 59