- 1 - HC-KAR NC: 2025:KHC-D:10603 WP No. 106058 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106058 OF 2025 (GM-CPC) BETWEEN: JARAR KHAN S/O. VALIDAD KHAN PATHAN, AGE: 38 YEARS, OCC. SERVICE, R/O. 3847, MEHER MANJIL, MESTRI GALLI, NIPPANI. …PETITIONER (BY SRIYUTHS. AKSHAY KATTI AND ANAND KUMAR ASHTEKAR, ADVOCATES) AND: 1. SAMINAKHAN W/O. ABUBAKKAR @ IMTIYAZ PATHAN, AGE: 59 YEARS, OCC. HOUSEHOLD WORK, R/O. FIDAHUSAIN MANZIL, 1ST FLOOR, PLOT NO. 27, SADASHIV NAGAR, BELAGAVI-590019. 2. FAIZALHAQ S/O. ABUBAKKAR @ IMTIYAZ PATHAN, AGE: 32 YEARS, OCC. PRIVATE SERVICE, R/O. FIDAHUSAIN MANZIL, 1ST FLOOR, PLOT NO. 27, SADASHIV NAGAR, BELAGAVI-590019. 3. SANJAY S/O. GANPAT POL, AGE: 58 YEARS, OCC. BUSINESS, R/O. BIDWADI, TAL. KANKAVLI, DIST. SINDHUDURG, MAHARASHTRA-400607. …RESPONDENTS (BY SRI. B.S. KAMATE, ADVOCATE FOR C/R3; Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10603 WP No. 106058 of 2025 NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA, 1950, PRAYING TO, A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED. 15/07/2025 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC NIPPANI, ON IA NOS. 42 TO 45 FILED IN OS NO. 20/2017 PRODUCED AT ANNEXURE-K, AND CONSEQUENTLY ALLOW THE SAID APPLICATIONS BEARING IA NOS. 42 TO 45 PRODUCED AT ANNEXURE-E, F, G AND H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Shri.B.S.Kamate, learned counsel accepts notice for respondent No.3. 2. In view of the proposed order to be passed, notice to respondent Nos.1 and 2 is dispensed with. 3. The petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC-D:10603 WP No. 106058 of 2025 a) Issue a Writ in the nature of Certiorari or any other appropriate Writ, order or direction and quash the order dated. 15/07/2025 passed by the Senior Civil Judge and JMFC Nippani, on IA Nos. 42 to 45 filed in OS No. 20/2017 produced at Annexure-K, and consequently allow the said applications bearing IA Nos. 42 to 45 produced at Annexure-E, F, G And H. b) Grant such other reliefs as deemed fit in the circumstances of the case and in the interest of justice and equity. 4. The petitioner had filed O.S. No. 144/2013, later renumbered as O.S. No. 20/2017, seeking a declaration in respect of a gift deed allegedly executed by one deceased Mehrnigam Begam. When the suit was posted for rejoinder arguments of the Plaintiff/petitioner, the petitioner filed I.A. Nos. 42 to 45 seeking recall of the plaintiff witness for marking certain documents, which were allegedly discovered during Ramzan while cleaning the house. The documents, claimed to be in Marathi and signed by the deceased, are said to support the petitioner's case. The trial Court, however, rejected the applications by its order dated 15.07.2025, which is under challenge in this writ petition. - 4 - HC-KAR NC: 2025:KHC-D:10603 WP No. 106058 of 2025 5. Learned counsel for the petitioner submits that denial of an opportunity to produce these documents would cause irreparable harm to the petitioner. 6. On the other hand, Sri B.S. Kamate, learned counsel for respondent No.3 opposes the petition, contending that the proceedings have been abused by the petitioner, who has consistently sought to delay the matter since its inception in 2013. 7. It is pointed out that recently on 12.08.2025, I.A. Nos. 46 to 48 were filed seeking to recall DW-1 for cross-examination, which are posted for orders on 22.08.2025, totally 48 interlocutory applications have been filed in the suit so far. 8. It is further submitted that in W.P. No. 104266/2023, this Court had already allowed the petitioner's earlier request to mark an affidavit of the deceased, subject to payment of costs of ₹10,000/- by order dated - 5 - HC-KAR NC: 2025:KHC-D:10603 WP No. 106058 of 2025 28.08.2023, yet the petitioner continued to cause delay. 9. I have heard the learned counsel on both sides and perused the papers. 10. A perusal of the impugned order discloses that the trial Court has considered the entire procedural history, including number of applications filed, the number of adjournments granted at the instance of the petitioner, the repeated delays, and the costs imposed from time to time. 11. The trial Court has specifically recorded that 21 adjournments were granted solely for final arguments at the instance of the plaintiff. After conclusion of arguments on both sides, the plaintiff again sought to file the present applications, which were rightly rejected. The trial Court has, in detail, recorded the manner in which the petitioner has misused the process of Court and attempted to - 6 - HC-KAR NC: 2025:KHC-D:10603 WP No. 106058 of 2025 protract the proceedings in a suit that has been pending for over a decade. 12. On merits, I find no justification in the applications. The documents now sought to be produced pertain to alleged correspondence in Marathi by the deceased Mehrnigam Begam and have no material bearing on the actual issues in the suit, especially when evidence has already been completed and arguments concluded. 13. Whether a gift deed was executed or not would have to be established on the basis of the existing evidence on record, and not by repeated attempts to reopen concluded stages. Hence, I find no infirmity in the order passed by the trial Court. ORDER i. The writ petition is dismissed at the admission stage. - 7 - HC-KAR NC: 2025:KHC-D:10603 WP No. 106058 of 2025 ii. The petitioner shall pay costs of ₹5,000/- to the defendants before the trial Court. Sd/- (SURAJ GOVINDARAJ) JUDGE VB Ct:pa Ldist. No.: 1 Sl No.: 17