- 1 - HC-KAR NC: 2025:KHC:44625 WP No. 13134 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 13134 OF 2022 (GM-CPC) BETWEEN: SMT. NINGAMMA W/O SHETTIGOWDA DEAD BY LRS ALREADY ON RECORD 1. SMT. MANJULA D/O LATE SHETTIGOWDA AGED ABOUT 60 YEARS 2. SMT. SHEELA W/O KRISHNEGOWDA AGED ABOUT 36 YEARS 3. SMT. GANGAMMA D/O LATE SHETTIGOWDA AGED ABOUT 58 YEARS 4. SMT. CHANDRAMMA D/O LATE SHETTIGOWDA AGED ABOUT 54 YEARS 5. KUM DHANALAKSHMI D/O LATE SHETTIGOWDA AGED 49 YEARS PETITIONER NO.3 IS BLIND AND UNSOUND MIND PETITIONER NO. 5 IS UNSOUND MIND BOTH ARE REPRESENTED BY PLAINTIFF/PETITIONER NO.2 WHO IS THEIR SISTER DAUGHTER AS PRESENT GUARDIAN, ALL THE PETITIONERS ARE R/AT Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44625 WP No. 13134 of 2022 SURANAHALLI VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT- 573 211 …PETITIONERS (BY SRI. SREERANGAIAH L., ADVOCATE FOR R2; R1 SERVED- UNREPRESENTED) AND: 1. SRI KRISHNEGOWDA S/O LATE SHETTIGOWDA AGED ABOUT 49 YEARS 2. SMT. A R SHARADAMMA W/O PUTTEGOWDA AGED ABOUT 75 YEARS RESPONDENT NO.1 AND 2 ARE R/AT SURANAHALLI VILLAGE KASABA HOBLI HOELANARASIPURA TALUK HASSAN DISTRICT- 573 211 …RESPONDENTS (BY SRI. S.V.PRAKASH, ADVOCATE FOR R2; R1 SERVED- UNREPRESENTED) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE- A ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA ON I.A.NO.13 FILED UNDER ORDER 18 RULE 17 R/W SEC.151 CPC DTD 18.06.2022 IN O.S.NO.33/2016, WHICH WAS DECIDED BY VIOLATING OF ARTICLES 14, 16, 21 AND 23 OF THE CONSTITUTION OF INDIA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44625 WP No. 13134 of 2022 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Plaintiffs are before this Court in this writ petition filed under article 227 of the Constitution of India with a prayer to set aside the order dated 18.06.2022 passed on I.A.No.13 in O.S.No.33/2016 by the Court of Senior Civil Judge and JMFC, Holenarasipura. 2. Heard the learned counsel for the parties. 3. Suit in O.S.No.33/2016 is filed by the petitioners herein seeking the relief of declaration and injunction in respect of the suit schedule property. Contesting defendants have entered appearance and filed their written statement opposing the suit claim. When the suit was at the stage of arguments, I.A.No.13 was filed on behalf of the plaintiffs under Order XVIII Rule 17 read with Section 151 of CPC with a prayer to recall DW-1 for her further cross-examination. The said application was - 4 - HC-KAR NC: 2025:KHC:44625 WP No. 13134 of 2022 opposed by the contesting defendants by filing objection. The Trial Court vide the order impugned has rejected the said application and being aggrieved by the same plaintiffs are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that for effective adjudication of the dispute involved in the parties, an opportunity to the plaintiff to further cross-examine DW-1 is required to be granted. 5. On the other hand, learned counsel Sri.S.V.Prakash, who appears for respondent No.2 fairly submits that DW-1 will be kept present before the Trial Court on 26.11.2025. DW-1 is a lady aged about 90 years and therefore, the petitioners may be directed to complete their further cross-examination of DW-1 on the very same day without seeking any further adjournment. 6. Submission made by the learned counsels on both sides is placed on record. Accordingly the following: - 5 - HC-KAR NC: 2025:KHC:44625 WP No. 13134 of 2022 ORDER (i) The writ Petition is allowed. (ii) The order dated 18.06.2022 passed on I.A.No.13 in O.S.No.33/2016 by the Court of Senior Civil Judge and JMFC at Holenarasipura is set aside and consequently the prayer made in the said application is granted. (iii) DW-1 namely Smt.A.R.Sharadamma shall be kept present in O.S.No.33/2016 before the Trial Court on 26.11.2025 and on the said date she shall be further cross- examined on behalf of the plaintiffs without seeking any adjournment. It is made clear that in the event the petitioners do not cross-examine DW-1 on 26.11.2025 or if they do not complete their cross-examination on the said day, no further opportunity shall be given to them. - 6 - HC-KAR NC: 2025:KHC:44625 WP No. 13134 of 2022 (iv) In the event for any reason DW-1 is not kept present before the Trial Court on 26.11.2025, the plaintiffs shall be informed in advance in writing about the same and they shall also be informed the next date on which she will be kept present and on the said day DW-1 shall be cross-examined in terms of the order passed hereinabove. In view of disposal of the petition, I.A.No.1/2025 does not survive for consideration. Accordingly same stands disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 17