- 1 - HC-KAR NC: 2025:KHC-D:17179 WP No. 107225 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107225 OF 2025 (GM-CPC) BETWEEN: 1. SMT. RUDRAWWA W/O KARIYAPPA BELLIGATTI, AGE ABOUT 45 YEARS, OCC: AGRICULTURE, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 2. SRI. VEERESH S/O KARIYAPPA BELLIGATTI, AGE ABOUT 26 YEARS, OCC: AGRICULTURE, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 3. SRI. GURUSHIDAPPA S/O KARIYAPPA BELLIGATTI, AGE ABOUT 28 YEARS, OCC: AGRICULTURE, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 4. SRI. YALLAPA S/O KARIYAPPA BELLIGATTI, AGE ABOUT 28 YEARS, OCC: AGRICULTURE, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. … PETITIONERS (BY SRI. B.D. NARASAGOND, ADVOCATE) AND: 1. SRI. BASAPPA S/O SHIVAPPA BELLIGATTI, AGE ABOUT 28 YEARS, CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17179 WP No. 107225 of 2025 OCC: AGRICULTURE, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 2. SRI. SHIVAPPA S/O BHIMAPPA BELLIGATTI, AGE ABOUT 67 YEARS, OCC: AGRICULTURE, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 3. SMT. PARAWWA W/O NIGAPPA BELLIGATTI, AGE ABOUT 55 YEARS, OCC: HOUSEHOLD, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 4. SMT. SHOBHA W/O RUDRAPPA BELLIGATTI, AGE ABOUT 32 YEARS, OCC: HOUSEHOLD, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 5. SMT. ANASUYA W/O CHANNAMALLAPPA JAGADAPPANAVAR, AGE ABOUT 27 YEARS, OCC: HOUSEHOLD, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 6. SRI. SHIVAPPA S/O NIGAPPA BELLIGATTI, AGE ABOUT 30 YEARS, OCC: HOUSEHOLD, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 7. SRI. DODDAHANUMANTAPPA S/O DYAMANNA BELLIGATTI, AGE ABOUT 55 YEARS, OCC: AGRICULTURE, R/O. NUGGIKERI, KURBAR ONI, - 3 - HC-KAR NC: 2025:KHC-D:17179 WP No. 107225 of 2025 DHARWAD, PIN-580 114. 8. SRI. SANAHUMANTHAPPA S/O MALLAPPA BELLIGATTI, AGE ABOUT 50 YEARS, OCC: AGRICULTURE, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 9. SMT. GANGAWWA W/O BASAPPA MADIVAL, AGE ABOUT 55 YEARS, OCC: HOUSEHOLD, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. SRI. NAGAPPA H. BELLIGATTI, SINCE DEAD R/BY HIS LR’S., 10. SMT. FAKKIRAWWA W/O NAGAPPA BELLIGATTI, AGE ABOUT 40 YEARS, OCC: HOUSEHOLD, R/O. C/O FAKKIRAPPA GANGAPPA KALLUR, HIREMALLIGAWAD, TQ. AND DIST. DHARWAD-580 114. 11. SMT. PURNIMA D/O NAGAPPA BELLIGATTI, AGE ABOUT 40 YEARS, OCC. HOUSEHOLD, R/O. C/O FAKKIRAPPA GANGAPPA KALLUR, HIREMALLIGAWAD, TQ. AND DIST. DHARWAD-580 114. 12. SRI. PADAMAPPA S/O HANUMATHAPPA BELLIGATTI, AGE ABOUT 55 YEARS, OCC: AGRICULTURE, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 13. SMT. NILAWWA W/O MANJUNATH KUNDI, AGE ABOUT 38 YEARS, OCC: HOUSEHOLD, R/O. NUGGIKERI, KURBAR ONI, - 4 - HC-KAR NC: 2025:KHC-D:17179 WP No. 107225 of 2025 DHARWAD, PIN-580 114. 14. SMT. NAGAWWA W/O SHILAPPA AACHAMATTI, AGE ABOUT 36 YEARS, OCC: HOUSEHOLD, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 15. SMT. YALLAWWA W/O SHIVAPPA KAMJAR, AGE ABOUT 36 YEARS, OCC: AGRICULTURE, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 16. SRI. JAKIRHUSSAIN S/O TAJUDDIN SHIBARATTI, AGE ABOUT 40 YEARS, OCC: AGRICULTURE, R/O. LAXMISHINGANKERI, DHARWAD, PIN-580 114. 17. SRI. RAJESAB W/O TAJUDDIN SHIBARATTI, AGE ABOUT 38 YEARS, OCC: AGRICULTURE, R/O. LAXMISHINGANKERI DHARWAD, PIN-580 114 . 18. SRI. MANJUNATH W/O RAVINDRA MAHAAJAN, AGE ABOUT 26 YEARS, OCC: AGRICULTURE, R/O- APOORVA NAGAR, HUBBALLI-DHARWAD, PIN-580 114. 19. SRI. RAJKUMAR S/O MARUTI MANAGUTI, AGE ABOUT 26 YEARS, OCC: AGRICULTURE, R/O. KUDACHI, TQ. RAIBAG, DIST. BELAGAVI, PIN-580 114. - 5 - HC-KAR NC: 2025:KHC-D:17179 WP No. 107225 of 2025 20. SRI. LAXMIKANTH S/O SRINIVAS DESHPANDE, AGE ABOUT 50 YEARS, OCC: PRIVATE SERVICE, R/O. DESHPANDE GALLI, SHUKRAVARPETH, DHARWAD, PIN-580 114. SMT. KARIYAWWA H. BELLIGATTI, SINCE DEAD R/BY HER LR’S., 21. SRI. KALLAPPA S/O HANUMANTAPPA BELLIGATTI, AGE ABOUT 32 YEARS, OCC: HOUSEHOLD, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. 22 SRI. MARUTHI S/O HANUMANTAPPA BELLIGATTI, AGE ABOUT 30 YEARS, OCC: AGRICULTURE, R/O. NUGGIKERI, KURBAR ONI, DHARWAD, PIN-580 114. … RESPONDENTS (BY SRI. IRANNAGOUDA K. KABBUR, ADVOCATE FOR R1-R5 AND R7 AND R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 28.08.2025 PASSED ON I.A. NO.17 APPLICATION U/O 18 RULE 17, R/W-151 OF CPC IN O.S. NO.40/2018 WHICH IS PENDING BEFORE THE IN THE COURT OF 4TH ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT DHARWAD I.E. ANNEXURE-E AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC-D:17179 WP No. 107225 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed by defendants No.9 to 12, who sought permission to cross-examine defendant No.1/DW1 before the IV Additional Senior Civil Judge, Dharwad in I.A.No.17 in O.S.No.40/2018. 2. The application is opposed by DW1/defendant No.1. Rest of the parties did not file objection to the said application. Hence, notice to remaining parties is dispensed with. 3. Learned counsel for the petitioners would submit that on the day fixed for cross-examination of DW1, the counsel for the petitioners could not appear and cross-examine DW1 as such, the further cross-examination is taken as nil and application is filed to recall the said order to permit the petitioners to cross-examine DW1. Thus, he would contend that in case, the permission is not granted, same would cause injustice as there will not be any effective cross-examination on the defence taken by the petitioners. 4. Learned counsel for DW1 would object to the said application on the premise that the petitioners were given - 7 - HC-KAR NC: 2025:KHC-D:17179 WP No. 107225 of 2025 sufficient opportunity to cross-examine DW1 and application is filed only to delay the hearing. 5. The Court has considered the contentions raised at the Bar and perused the records. 6. It is noticed that DW1 was cross-examined by petitioners to some extent. However later on the date fixed for further cross-examination, DW1 was not cross-examined. The Trial Court is of the view that DW1 has been sufficiently cross- examined and for what purpose further cross-examination is required is not specified in the application. 7. The Court is of the view that the approach of the Trial Court is hyper technical. To meet the ends of justice, to afford an opportunity to the petitioners to cross-examine DW1, the application is allowed by setting aside the impugned order. However, the petitioners are put on terms; a. The petitioners shall pay a cost of ₹2,000/- to DW1. b. The petitioners shall cross-examine DW1 on the next date of hearing without seeking any further adjournment. - 8 - HC-KAR NC: 2025:KHC-D:17179 WP No. 107225 of 2025 8. With these observations, the following: ORDER Writ petition is allowed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK, CT:BCK LIST NO.: 1 SL NO.: 6