- 1 - HC-KAR NC: 2025:KHC-D:14307 WP No. 101246 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101246 OF 2025 (GM-CPC) BETWEEN: JANEKUNTE BHEEMALINGAPPA S/O. NAGADEVAPPA, AGED ABOUT 50 YEARS, R/O. WARD NO.3, SHANTHI NAGAR, DAMMUR VILLAGE, KURUGODU TALUK, BALLARI DISTRICT-583 116. … PETITIONER (BY SMT. V. VIDYA, ADVOCATE) AND: SMT. B. SHANKRAMMA W/O. LATE G. REVANASIDDAPPA, AGED ABOUT 56 YEARS, R/O. WARD NO.01, GOWDARA ONI, D. KAGGALLU VILLAGE, KURUGODU TALUK, BALLARI DISTRICT-583 111. … RESPONDENT (BY SMT. PALLAVI S. PACHCHAPURE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER PASSED BY THE LEARNED I ADDL. SENIOR CIVIL JUDGE, BALLARI IN O.S. NO.138/2021 ON I.A. NO.13 DATED 03.02.2025 FOUND AT ANNEXURE-E AND ALLOW THIS WRIT PETITION WITH COSTS AND GRANT SUCH OTHER RELIEFS AS THIS COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14307 WP No. 101246 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed by the petitioner assailing the order dated 03.02.2025 passed on I.A.No.13 filed under Section 151 of the Code of Civil Procedure, 19081, in O.S.No.138/2021 on the file of Principal Senior Civil Judge, Ballari2. The Trial Court rejected the petitioner's/plaintiff's application seeking leave of the Court to lead evidence of witnesses. 2. The Trial court rejected the application on the premise that, on three earlier occasions, the plaintiff was permitted to lead evidence, but he failed to do so. 3. Learned counsel for the respondent/defendant would urge that despite sufficient opportunity being granted to the plaintiff, he has not led evidence, and the Trial Court is justified in dismissing the application. 1 Hereinafter referred to as the ‘CPC’ 2 Hereinafter referred to as the ‘Trial Court’ - 3 - HC-KAR NC: 2025:KHC-D:14307 WP No. 101246 of 2025 4. Considering the materials on record, it is noticed that the suit is one for specific performance of a contract. The plaintiff intends to lead evidence of witnesses to the alleged agreement, the execution of which is disputed by the defendant. 5. Under these circumstances, this Court is of the view that the plaintiff should be permitted to lead evidence. However, noticing the conduct of the plaintiff, he shall be put to terms. The plaintiff shall lead evidence of his witnesses by the next date without fail. In addition, the plaintiff shall also pay cost of ₹5,000/- to the defendant. 6. Hence the following: ORDER a) The writ petition is allowed. b) The order dated 03.02.2025 passed on I.A.No.13 filed under Section 151 of the CPC, in O.S.No.138/2021 on the file of Principal Senior Civil Judge, Ballari, is set aside. - 4 - HC-KAR NC: 2025:KHC-D:14307 WP No. 101246 of 2025 c) The plaintiff shall pay cost of ₹5,000/- to the defendant, as a condition precedent to lead evidence of witnesses. d) It is further made clear that in case the plaintiff fails to lead evidence of his witnesses by the next date, his right to lead evidence of witnesses stands forfeited. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 33