- 1 - HC-KAR NC: 2025:KHC-D:12594 WP No. 105299 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105299 OF 2025 (GM-CPC) BETWEEN: SHRI HEMAREDDI SIDDAREDDI RAMANNAVAR AGE. 66 YEARS, OCC. AGRICULTURE, R/O. TIRLAPUR, TQ. NAVALAGUND, DIST. DHARWAD-582208, BY HIS GPA HOLDER SHRI. GOVINDREDDI S/O. HEMAREDDI RAMANNAVAR. …PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: SHRI. MALLIKARJUN SHIVAMURTHAPPA MENASINAKAI, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. TIRLAPUR, TQ. NAVALAGUND, DIST. DHARWAD-582208. …RESPONDENT (BY SRI. PRAKASH S. UDIKERI AND SRI. CHETAN T. LIMBIKAI, ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE AN ORDER IN THE NATURE OF WRIT OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 19/04/2025, IN O.S.NO.158/2021, ON THE FILE OF IVTH ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DHARWAD, ON I.A.NO.XVI FILED UNDER ORDER XVIII RULE 17 OF CPC AND I.A.NO.XVII FILED UNDER SECTION 151 OF CPC, VIDE ANNEXURE-G, AND CONSEQUENTLY ALLOW Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12594 WP No. 105299 of 2025 I.A.NO.XVI FILED UNDER ORDER XVIII RULE 17 OF CPC VIDE ANNEXURE-D, AND I.A.NO.XVII FILED UNDER SECTION 151 OF CPC, VIDE ANNEXURE-E, BY ALLOWING THIS WRIT PETITION.B) KINDLY GRANT ANY OTHER RELIEF OR ORDER AS DEEMED FIT IN THE FACTS OF CIRCUMSTANCES OF THE CASE IN HAND. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue an order in the nature of Writ of Certiorari, quashing the impugned order dated 19/04/2025, in O.S.No.158/2021, on the file of IV Additional Senior Civil Judge and JMFC, Dharwad, on I.A.No.XVI filed under order XVIII Rule 17 of CPC and I.A.No. XVII filed under section 151 of CPC, vide Annexure-G, and consequently allow I.A.No. XVI filed under order XVIII Rule 17 of CPC vide Annexure-D, and I.A.No. XVII filed under Section 151 of CPC, vide Annexure-E, by allowing this writ petition. b. Kindly grant any other relief or order as deemed fit in the facts of circumstances of the case in hand. 2. When the suit in O.S.No.158/2021 was posted for final arguments, the petitioner had filed an application for recall of witness under Order XVIII Rule 17 of the CPC. - 3 - HC-KAR NC: 2025:KHC-D:12594 WP No. 105299 of 2025 The same having been rejected, the petitioner is before this Court. 3. This Court in catena of matters has held that, when the matter is posted for final arguments, recall of witness cannot be permitted. 4. Hence, no ground being made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 191