- 1 - HC-KAR NC: 2025:KHC-D:10169 WP No. 105275 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105275 OF 2025 (GM-CPC) BETWEEN: 1) SMT. KOLADAMMA W/O. MAHADEVAPPA HAVAGI @ KORAVAR, AGE: 72 YEARS, HOUSEHOLD WORK, R/O: 2ND CROSS, GANGADHAR NAGAR, SETTLEMENT, HUBBALLI, PIN: 580 030. 2) SMT. YALLUBAI W/O. SUKHADEV GAYAKWAD, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: 2ND CROSS, GANGADHAR NAGAR, SETTLEMENT, HUBBALLI, PIN: 580 030. 3) SMT. NEELUBAI W/O. BALABHIMA GAYAKWAD, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O: SETTLEMENT, CHAVAN VASTI, SOLAPUR, MAHARASHTRA, PIN: 4) SHRI. SURESH S/O. MAHADEVAPPA HAVAGI @KORAVAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: 2ND CROSS, GANGADHAR NAGAR, SETTLEMENT, HUBBALLI, PIN: 580 030. 5) SMT. AKKAMMA W/O. KESHAV KAVALI, AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O: 2ND CROSS, GANGADHAR NAGAR, SETTLEMENT, HUBBALLI, PIN: 580 030. 6) KUMARI NETRAVATI D/O. MAHADEVAPPA HAVAGI @ KORAVAR, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: 2ND CROSS, GANGADHAR NAGAR, SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.16 10:55:11 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10169 WP No. 105275 of 2025 SETTLEMENT, HUBBALLI, PIN:580 030. 7) KUMARI. DRAKSHAYANI D/O. MAHADEVAPPA HAVAGI KORAVAR, AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O: 2ND CROSS, GANGADHAR NAGAR, SETTLEMENT, HUBBALLI, PIN: 580 030. 8) SHRI. MANJUNATH S/O. MAHADEVAPPA HAVAGI KORAVAR, AGE: 42 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: 2ND CROSS, GANGADHAR NAGAR, SETTLEMENT, HUBBALLI, PIN: 580 030. …PETITIONERS (BY SRI. S. C. HIREMATH, ADVOCATE) AND: 1) SMT. ANNAPURNA W/O. PARASHURAM KORAVAR, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: 1ST CROSS, GANGADHAR NAGAR, SETTLEMENT, HUBBALLI, PIN:580 030. 2) SMT. RENUKA W/O. HANAMANT KORAVAR, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: 1ST CROSS, GANGADHAR NAGAR, SETTLEMENT, HUBBALLI, PIN:580 030. 3) SMT. SUDHA W/O. SURESH KATTIMANI, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: 1ST CROSS, GANGADHAR NAGAR, SETTLEMENT, HUBBALLI, PIN:580 030. 4) SMT. GANGAVVA W/O. HANAMANT KORAVAR, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: HAVAGI, TAL: HALIYAL, - 3 - HC-KAR NC: 2025:KHC-D:10169 WP No. 105275 of 2025 DIST: KARWAR, PIN:580 030. 5) SHRI. NARAYAN A/F HANAMANT KORAVAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: HAVAGI, TAL: HALLYAL, DIST: KARWAR, PIN:581 329. 6) SHRI. SHANTAPPA S/O. NAGAPPA KORAVAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: HAVAGI, TAL: HALIYAL, DIST: KARWAR, PIN:581 329. 7) SHRI. RAMACHANDRA S/O. NAGAPPA KORAVAR, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: HAVAGI, TAL: HALIYAL, DIST: KARWAR, PIN:581 329. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 02-07-2025 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC HALIYAL IN R.A.NO.02/2019, REJECTING THE I.A.NO.8 AND 9 FILED BY THE PETITIONERS, A COPY OF WHICH IS PRODUCED AS PER ANNEXURE-E AND ALLOW THEM I.A.NO.8 AND 9 AND ALLOW SAID APPLICATIONS PERMITTING THE PETITIONERS TO FURTHER CROSS EXAMINE THE PLAINTIFFS WITNESS IN THE INTEREST OF JUSTICE AND ETC., THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:10169 WP No. 105275 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the proposed order to be passed. 2. Petitioners are before this Court seeking for the following reliefs: A. Issue a Writ in the nature of Certiorari quashing the impugned order dated 02-07-2025 passed by the Senior Civil Judge and JMFC Haliyal in R.A.No.02/2019, rejecting the I.A.No.8 and 9 filed by the Petitioners, a copy of which is produced as per Annexure-E and allow them I.A.No.8 and 9 and allow said applications permitting the Petitioners to further cross examine the Plaintiffs witness in the interest of justice. B. Any appropriate Writ/Order or direction as deemed fit and proper be issued. 3. The petitioners are aggrieved by the order dated 02.07.2025 dismissing IA Nos.8 and 9 filed in RA No.2/2019 seeking for further cross-examination of the plaintiff witness. 4. The petitioners being the defendants in the suit, no evidence of the said witness has been lead in the appeal. Hence, I am of the considered opinion that - 5 - HC-KAR NC: 2025:KHC-D:10169 WP No. 105275 of 2025 the petitioners had adequate opportunity before the Trial Court to cross-examine the plaintiff witness. Not having done so, would not entitled the defendants to seek for such cross-examination at the appellate stage. 5. In the event of the Appellate Court coming to a conclusion that any valuable rights of the defendants have been deprived of, then the same could be considered by the Appellate Court at the stage of final disposal of the matter. 6. With the above, the writ petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 1 Sl No.: 1