- 1 - NC: 2025:KHC-D:4269 WP No. 103871 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 103871 OF 2021 (GM-CPC) BETWEEN: SMT. VIJAYALAXMI W/O RACHAPPA ANGADI, AGE: 59 YEARS, OCC: ADVOCATE, R/O: HEALTH CAMP, BETAGERI-GADAG-582 102, TQ/DIST: GADAG. … PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE) AND: VIJAYKUMAR S/O ULAVAPPA HARLAPUR, AGE: YEARS, OCC: CONTRACTOR, R/O: NEAR ISHWAR TEMPLE, HOSPET CHOWK, BETAGERI-582 102, TQ/DIST: GADAG. … RESPONDENT (BY SRI. GIRISH S. HIREMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4269 WP No. 103871 of 2021 ORAL ORDER Sri.Sabeel Ahmed., counsel for the petitioner and Sri.Girish Hiremath., counsel for the respondent appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the impugned Order dated 17.09.2021 passed by the III Additional Civil Judge and JMFC., Gadag on I.A. Nos.9 and 10 in O.S. No.264/2014 vide Annexure-F. 3. For the sake of convenience, the parties are referred to as per their status and rankings before the Trial Court. 4. The short facts are these: The plaintiff filed a suit on the file of the Principal Civil Judge, Gadag for recovery of money. The defendant appeared through his counsel and filed a written statement. The case was posted for cross-examination of PW.2. Amidst the COVID-19 pandemic, PW.2 was unable to attend the Court proceedings to lead evidence. The Trial Court vide order dated 02.08.2021 discarded the evidence of PW.2. Hence, the plaintiff was constrained to move an application in I.A. Nos.9 & 10 under - 3 - NC: 2025:KHC-D:4269 WP No. 103871 of 2021 Order 18 Rule 17 of CPC to set aside the order dated 02.08.2021 discarding the evidence of PW.2 and requested the Court to recall PW.2. The Trial Court vide order dated 17.09.2021 rejected the applications. Under these circumstances, the petitioner is before this Court. 5. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 6. The facts are sufficiently stated and they do not require reiteration. The issue revolves around a narrow compass and relates to the rejection of the applications filed under Order 18 Rule 17 of CPC. As we all know the entire World witnessed the Covid-19 Pandemic during 2020-23. In the present case, the Trial court discarded the evidence of PW-2, and refused to recall the order. This is untenable. The reason is simple. There is no provision under the CPC or for that matter under any law as to the evidence already recorded can be discarded. Furthermore, PW-2 was unable to attend court due to the COVID-19 Pandemic. A perusal of the entire writ papers and the order sheet of the Trial Court reflects that the - 4 - NC: 2025:KHC-D:4269 WP No. 103871 of 2021 proceedings were held amidst the COVID-19 pandemic. Except for quoting the decisions, the Trial court has not assigned reasons for the rejection of the application. In my view, the Trial Court has failed to have regard to the relevant considerations and disregarded relevant matters. Hence, the impugned order is liable to be quashed. 7. The Writ of Certiorari is ordered. The impugned Order dated 17.09.2021 passed by the III Additional Civil Judge and JMFC., Gadag on I.A. Nos.9 and 10 in O.S. No.264/2014 vide Annexure-F is quashed. 8. Resultantly, the Writ Petition is allowed. Because of disposal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE MRP,RH LIST NO.: 1 SL NO.: 61