- 1 - HC-KAR NC: 2025:KHC:41533 WP No. 8056 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 8056 OF 2024 (GM-CPC) BETWEEN: SHIVALINGAIAH, S/O KEMPEGOWDA, AGED ABOUT 62 YEARS, R/AT SOMANAHALLI VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428. …PETITIONER (BY SRI. RAGHAVENDRA K., ADVOCATE) AND: SMT. SARASWATHAMMA, W/O RAMAKRISHNA S M, D/O KEMPEGOWDA, AGED ABOUT 53 YEARS, R/AT NO 7, 6TH CROSS, MUNUESHWAR TEMPLE ROAD, PARIMALANGARA, BANGALORE - 560 058. …RESPONDENT (BY SRI.T.MANJUNATH., ADVOCATE FOR SMT.DURGA DEVI M., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE HONBLE LEARNED 1ST ADDL. CIVIL JUDGE AND JMFC MADDUR, IN OS NO.299/2016. QUASH THE ORDER DATED 26/02/2024 PASSED BY THE HONBLE LEARNED 1ST ADDL. CIVIL JUDGE AND JMFC MADDUR, IN OS NO. 299/2016, IA NO. 17 (ANNEXURE- E) AND ETC., Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41533 WP No. 8056 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This writ petition under article 227 of the Constitution of India is filed by defendant No.1 with a prayer to set aside order dated 26.02.2024 passed on the application filed under Order XVIII Rule 17 read with Section 151 of CPC with a prayer to re-open the case and recall PW.2 and PW.3 for further cross-examination in O.S.No.299/2016 pending on the file of I Additional Civil Judge and JMFC, Maddur, Mandya District. 2. Heard the learned counsel for the parties. 3. Respondents herein had filed O.S.No.299/2016 before the Jurisdictional Civil Court at Maddur, Mandya District seeking relief of partition and separate possession of the suit schedule property. 4. Petitioner herein is defendant No.1 in the said suit. He had filed written statement opposing the suit - 3 - HC-KAR NC: 2025:KHC:41533 WP No. 8056 of 2024 plaint. Plaintiff has examined three witnesses before the Trial Court as PW.1 to PW.3. I.A.No.17/2024 was filed on behalf of defendant No.1 under Order XVIII Rule 17 read with Section 151 of CPC with a prayer to recall PW.2 and PW.3 for further cross-examination. The said application was opposed by the plaintiff by filing objections. The Trial Court vide the order impugned has rejected the said application with cost. Being aggrieved by the same petitioner is before this Court. 5. Learned Counsel for the petitioner submits that after PW.2 and PW.3 were cross-examined, the Trial Court has allowed the application filed by the petitioner for amendment of the written statement. In view of the developments that have taken place after PW.2 and PW.3 were cross-examined, it is just necessary to permit defendant No.1 to further cross-examine PW.2 and PW.3 failing which their case is likely to be dismissed. - 4 - HC-KAR NC: 2025:KHC:41533 WP No. 8056 of 2024 6. Per contra, learned counsel appearing for the plaintiff submits that on the application filed by the petitioner earlier, PW.2 and PW.3 were recalled and petitioner has already cross-examined only to delay the proceedings the present application is filed. Accordingly, he prays to reject the application. 7. Perusal of the material on record would go to show that at the request of petitioner, PW.2 and PW.3 were recalled vide order dated 28.03.2019 passed on I.A.No.10 and 11 by the Trial Court and subsequently, PW.2 and PW.3 were cross-examined on behalf of the petitioner on 17.10.2019. The written statement of defendant was permitted to be amended subsequently by the Trial Court by order dated 03.11.2022 passed on I.A.No.14. 8. According to the learned counsel for the petitioner in view of the developments that have taken place after PW.2 and PW.3 were cross-examined in the - 5 - HC-KAR NC: 2025:KHC:41533 WP No. 8056 of 2024 year 2019. They are required to be further cross-examined. Considering the nature of relief sought for the suit and also having the defence taken by the defendants in their written statement, I am of the opinion that if the liberty to further cross-examined PW.2 and PW.3 is granted the same is secure the ends of justice and the hardship that would be caused to the plaintiff can be compensated by imposing appropriate costs. Accordingly, the following: ORDER (i) The writ petition is allowed with cost of Rs.5,000/- (ii) The order dated 26.02.2024 passed on I.A.No.17 in O.S.No.299/2016 by the Court of I Additional Civil Judge and JMFC, Maddur is set aside. (iii) Consequently, prayer made in I.A.No.17 is granted and petitioner is permitted to further cross-examine PW.2 and PW.3 on the date - 6 - HC-KAR NC: 2025:KHC:41533 WP No. 8056 of 2024 PW.2 and PW.3 are kept present before the Trial Court for further cross-examination. It is made clear that no adjournment will be sought on behalf of the petitioner on the date PW.2 and PW.3 are kept present before the Trial Court for the purpose of their further cross- examination on behalf of the petitioner. (iv) The cost shall be paid to the plaintiff before the Trial Court on the date PW.2 and PW.3 are kept present for their further cross-examination on behalf of the petitioner. In view of disposal of the petition I.A.No.1/2025 does not survive for consideration. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 13