- 1 - HC-KAR NC: 2025:KHC-D:10486 WP No. 105818 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105818 OF 2025 (GM-CPC) BETWEEN: SHRI. IRAPPA MALLAPPA KULALI AGE: 67 YEARS, OCC. AGRICUTLURE, R/O. DEVARADDERAHATTI ROAD, ATHANI, TQ. ATHANI, DIST. BELAGAVI-591304. …PETITIONER (BY SRI. SANTOSH APPASAB BIRANAGI, ADVOCATE) AND: SHRI BHIMU S/O. SHIVAPPA KAVERI, AGE: 46 YEARS, OCC. AGRICUTLURE, R/O. DEARADDERHATTI ROAD, ATHANI, TQ. ATHANI, DIST. BELAGAVI-591304. …RESPONDENT (BY SRI. H.R. DESHPANDE AND SMT. USHA H. DESHPANDE, ADVOCATES) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO,i) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE COMMON ORDER DATED 16.07.2025 PASSED ON I.A.NO.VII AND VIII IN O.S.NO.498/2023 BY THE II ADDITIONAL CIVIL JUDGE AND JMFC, ATHANI VIDE ANNEXURE-G IN THE INTEREST OF JUSTICE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10486 WP No. 105818 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i) Issue a writ in the nature of certiorari by quashing the common order dated 16.07.2025 passed on I.A.No.VII and VIII in O.S.No.498/2023 by the Ii Additional Civil Judge and JMFC, Athani vide Annexure-G in the interest of justice. ii) Pass such other order or orders as this Hon’ble court may deems fit in circumstances of the case. 2. In a suit filed by respondent, the petitioner had filed I.A.Nos.VII and VIII in the said O.S.No.498 of 2023, the Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure for short ‘CPC’) for recall of the stage and permission to cross-examine PWs.1 and 2. 3. On enquiry as to what is the stage of the suit when the said applications were filed, learned counsel for the respondent submits that the matter was posted - 3 - HC-KAR NC: 2025:KHC-D:10486 WP No. 105818 of 2025 for defendant’s arguments, the plaintiff having already concluded his arguments. 4. When the matter is posted for final arguments, an application under Order XVIII Rule 17 of CPC, cannot be entertained after arguments have commenced. The trial Court has rightly considered the application to be one to protract the proceedings and dismissed the application. While doing so, at para-9 of the said order, the trial Court has considered the various adjournments, which have been availed of by the petitioner, the costs which have been imposed from time to time and it is in that background that the said application was dismissed. 5. The number of adjournments which have been detailed out in the said order would indicate the lackadaisical attitude on the part of the petitioner, which would not entitle the petitioner for any equitable consideration. - 4 - HC-KAR NC: 2025:KHC-D:10486 WP No. 105818 of 2025 6. In that view of the matter, no grounds being made out, petition stands dismissed at the stage of admission itself. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 18