- 1 - HC-KAR NC: 2025:KHC:49591 WP No. 26776 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 26776 OF 2023 (GM-CPC) BETWEEN: SRI ROKKAPPA GOWDA R ALIAIS @ BABU R (BABU) AGED ABOUT 50 YEARS S/O LATE M. RANGE GOWDA G.R.I. MAIN ROAD 6TH RIGHT CROSS ROAD UDAYGIRI, HASSAN PIN CODE - 573 210. …PETITIONER (BY SRI SATISH T.S, ADV.) AND: 1. SMT. KALPANA R AGED ABOUT 57 YEARS D/O LATE M. RANGE GOWDA W/O SRI. JAYRAM M.R ARISIKERE ROAD VINAYAKANAGARA KATTIHALLI LAYOUT HASSAN, PIN CODE - 573 210. 2. SMT. R. RENUKA AGED ABOUT 55 YEARS D/O LATE M. RANGE GOWDA W/O SRI. B. B. NAGARAJU UDAYGIRI, HASSAN PIN CODE - 573 210. 3. SMT. BHUVANESHWARI R AGED ABOUT 53 YEARS D/O LATE M. RANGE GOWDA W/O SRI B. SOMESH NAVANIDHI NILAYA NO.122, SRBM COLONY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49591 WP No. 26776 of 2023 ARISIKERE ROAD HASSAN, PIN CODE - 573 210. …RESPONDENTS (BY MS. PAVANA B.K, ADV., FPR SRI PRATHEEP K.C, ADV., FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED COMMON ORDER DATED 03/11/2018 PASSED IN INTERIM APPLICATION UNDER I.A. NO. 4/2023 UNDER SECTION 151 AND I.A. NO. 5/2023 UNDER ORDER XVIII RULE 17 OF CIVIL PROCEDURE CODE IN O.S. NO. 533/2020, ON THE FILE OF THE LEARNED VTH ADDL. CITY CIVIL AND JMFC, HASSAN DISTRICT, AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Learned counsel for the petitioner submits that I.A.No.IV was filed under Section 151 of CPC to reopen the case and I.A.No.V was filed under Order XVIII Rule 17 of CPC with a prayer to recall PW.1 for the purpose of enabling the defendant to cross-examine her. The Trial Court was not justified in rejecting I.A.No.IV and V. 2. Learned counsel for the contesting respondents / plaintiffs submits that she has no objection to allow writ petition and grant relief sought for in I.A.No.IV and V. She submits since the suit is of the year 2020 the Trial Court may be directed to dispose of the suit within a time frame. 3. The submission made on both sides placed on record. - 3 - HC-KAR NC: 2025:KHC:49591 WP No. 26776 of 2023 4. Accordingly, the following:- ORDER (i) Writ petition is allowed. (ii) The impugned order dated 03.11.2023 passed on I.A.No.IV and V in O.S.No.533 of 2020 by the Court of V Addl. Civil Judge and JMFC, Hassan is set aside. Consequently, the prayer made in I.A.IV and V is granted. (iii) Since the suit is of the year 2020 the Trial Court is requested to expedite the trial and dispose of the suit on merits at the earliest but not later than a period of six months from the date of receipt of certified copy of this order. Pending IAs' do not survive for consideration and accordingly, the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 18