- 1 - HC-KAR NC: 2025:KHC:51210 WP No. 12915 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 12915 OF 2025 (GM-CPC) BETWEEN: 1. SRI. GHANSHYAM S/O.LATE HORAKERAPPA, AGED ABOUT 54 YEARS, 2. G.H.RANGANATHA S/O LATE HORAKERAPPA, AGED ABOUT 52 YEARS, 3. G.H.NATARAJ, S/O LATE HORAKERAPPA, AGED ABOUT 43 YEARS, 4. G.H. UMA DEVI, W/O RAJANNA, AGED ABOUT 58 YEARS 5. K.L.YASHODAMMA, W/O GHANSHYAM, AGED ABOUT 53 YEARS. 6. K.N.SATHYAMMA, W/O NATARAJ, AGED ABOUT 36 YEARS, PETITIONERS NO.1 TO 6 ARE R/AT PALAVVANAHALLY VILLAGE, AIMANGALA HOBLI, HIRIYUR TALUK, CHITRADURGA-577 520. …PETITIONERS (BY SRI. RAVIKUMARA.R., ADVOCATE) Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2025:KHC:51210 WP No. 12915 of 2025 AND: MANJUNATH.G.E. S/O. LATE GONCHIKAR ESHWARAPPA, AGED ABOUT 61 YEARS, PALAVVANAHALLY VILLAGE, AIMANGALA HOBLI, HIRIYUR TALUK, CHITRADURGA-577 520. …RESPONDENT (BY SRI. SPOORTHY HEGADE NAGARAJA., ADVOCATE) THIS W.P. IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD. 25.02.2025 PASSED ON I.A.NO. 09 AND ORDER DTD. 03.04.2025 PASSED ON I.A.NO. 10 IN O.S.NO. 33/2019 FILE ON THE PRINCIPAL CIVIL JUDGE AND JMFC HIRIYUR VIDE ANNX-B AND D BY ALLOWING THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The limited grievance of the petitioner is with respect to an order on I.A.No.9 dated 25.02.2025 and an order on I.A.No.10 dated 03.04.2025 in O.S.No.33/2019, both passed by the Principal Civil Judge and JMFC, Hiriyur (hereinafter referred to as the “Impugned Orders”]. By - 3 - HC-KAR NC: 2025:KHC:51210 WP No. 12915 of 2025 the Impugned Orders, the application under Order 16 Rule 1 & 2 of CPC being I.A.No.9 filed by the respondent/plaintiff on 25.02.2025 was heard and allowed on the same day without giving an opportunity to the petitioners/defendants to file any reply/objection to the application. Thereafter, petitioner No.2/defendant No.2 filed I.A.No.10 under Section 151 of CPC praying the court to review the order dated 25.02.2025. 1.1. By an order dated 03.04.2025, the Trial Court rejected the review petition. In this regard, he seeks to rely upon the Impugned Order passed by the learned Trial Court. 2. It apposite to set out the Impugned Orders below: “25.02.2025 L/Advocate for plaintiff files I.A.No.IX, U/Sec.16 Rule 1 and 2 of C.P.C., along with witness list. I.A.No.IX is allowed. Counsel for plaintiff prays time. For F/P/Evidence. Call 12.03.2025.” [Emphasis supplied] - 4 - HC-KAR NC: 2025:KHC:51210 WP No. 12915 of 2025 “03.04.2025 Defendant No.2 in person files I.A.No.Χ, U/Sec,114 R/w Sec. 151 of C.P.C., praying this court to review the order passed by this court on 25.02.2025. XXX XXX XXX XXX XXX XXX XXX XXX XXX XX ORDER The I.A No.X, filed U/Sec.114 R/w Sec. 151 of C.P.C., by the defendant No.2 in person is hereby rejected. Counsel for plaintiff is hereby directed to file fresh affidavit of S.P.A., holder of plaintiff which will be kept along with I.A.No.IX. For F/P/Evidence. Call on.05.06.2025” [Emphasis Supplied] 3. Learned counsel for the respondent/plaintiff does not dispute that no opportunity was given to the petitioners/defendants to file any reply or to objections to the application. The application filed by the petitioners/defendants was for production of witness list. Concededly no time was given to the petitioners/defendants to object to the same. 4. In view of the aforesaid, the Court proceeds to pass the following: - 5 - HC-KAR NC: 2025:KHC:51210 WP No. 12915 of 2025 ORDER (i) The writ petition is allowed; (ii) The Impugned Orders on I.A.No.9 dated 25.02.2025 and on I.A.No.10 dated 03.04.2025 in O.S.No.33/2019 passed by the Principal Civil Judge and JMFC, Hiriyur, are set aside; (iii) The petitioners/defendants shall file their reply/objection to I.A.No.9 within two weeks from today; (iv) The learned Trial Court will hear the objections on I.A.No.9 and decide the application in accordance with law. (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 35 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA