- 1 - NC: 2025:KHC-D:5048 WP No. 101790 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101790 OF 2022 (GM-CPC) BETWEEN: UMARASAB S/O GUDUNSAB NIDONI, AGED: 54 YEARS, OCC: AGRICULTURE, R/O: TODALABAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 301. … PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: SMT. KAMALAWWA W/O HANAMAPPA RAGHA, AGED: 54 YEARS, OCC: AGRICULTURE, R/O: BIDARI, TQ: JAMKHANDI, DIST: BAGALKOT-587 301. … RESPONDENT (BY SMT. NIRMALA B.G., 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:5048 WP No. 101790 of 2022 ORAL ORDER Sri.Girish A.Yadawad., counsel for the petitioner and Smt.Nirmala B.G., 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 15.03.2022 passed by the Principal Civil Judge and JMFC, Jamkhandi, C/c Addl. Civil Judge and JMFC, Jamkhandi, on I.A.Nos.5 and 6 in O.S. No.94/2018 vide Annexure-F. 3. For convenience, the parties are referred to as per their status and rankings before the Trial Court. The plaintiff filed a suit seeking the relief of the specific performance. After the service of the notice, the defendant appeared through his counsel and filed the written statement. The Court framed the issues. PWs.1 and 2 led evidence. The matter was set down for the defendant’s evidence. Then, the defendant moved an application in I.A.No.4 for the production of the CD. After the contest, the said application was allowed and the defendant was permitted to produce the CD. Thereafter, the defendant filed two more applications in - 3 - NC: 2025:KHC-D:5048 WP No. 101790 of 2022 I.A.Nos.5 and 6 under Order 18 Rule 17 of CPC r/w Section 151 to recall PW.1 and PW.2 for further cross-examination and to re-open the case from defendant’s evidence to cross PW.1 and PW.2. The plaintiff filed objections. The Trial Court vide order dated 15.03.2022 rejected both applications. Under these circumstances, the petitioner is before this Court. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 5. Suffice it to note that the suit is one for specific performance. It is not in dispute that the defendant was permitted to produce electronic evidence i.e., a CD. After allowing the application, he intended to cross-examine the plaintiff's witnesses. The accord of permission to produce the electronic evidence was noticed by the Trial Court however, erroneously rejected the request of the defendant to cross- examine the plaintiff’s witnesses. This is untenable. As already noted above, the Trial Court had permitted the defendant to produce electronic evidence hence, it could not have rejected - 4 - NC: 2025:KHC-D:5048 WP No. 101790 of 2022 the defendant’s request. Therefore, this Court deems it proper to quash the order passed by the Trial Court. 6. The Writ of Certiorari is ordered. The order dated 15.03.2022 passed by the Principal Civil Judge and JMFC, Jamkhandi, C/c Addl. Civil Judge and JMFC, Jamkhandi, on I.A.Nos.5 and 6 in O.S.No.94/2018 vide Annexure-F is quashed. Accordingly, I.A.Nos.5 and 6 are allowed. 7. Resultantly, the Writ Petition is allowed. Because of disposal 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 CLK LIST NO.: 2 SL NO.: 52