- 1 - HC-KAR NC: 2025:KHC-D:14663 WP No. 103408 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103408 OF 2025 (GM-CPC) BETWEEN: RAVI S/O GURUSIDAPPA KALAGOUDAR, AGE. 54 YEARS, OCC. AGRICULTURE, R/O. UPSE ROAD, NEAR KC PARK, DHARWAD-580 001. … PETITIONER (BY SRI. PRANAV UMESH BADIGER, ADVOCATE) AND: 1. RAJASHEKHAR S/O GURUSIDAPPA KALAGOUDAR, AGE. 54 YEARS, OCC. AGRICULTURE, R/O. KC PARK, NEAR THAVARAGERE, NURSING HOME, DHARWAD-580 001. 2. MISS. NAGARATNA D/O GURUSIDAPPA KALAGOUDAR, AGE. 52 YEARS, OCC. NIL, R/O. KC PARK, NEAR THAVARAGERE, NURSING HOME, DHARWAD-580 001. (SINCE RESPONDENT NO.2 IS UNSOUND REPRESENTED BY HER BROTHER I.E., RESPONDENT NO.1 RAJASHEKHAR Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14663 WP No. 103408 of 2025 S/O GURUSIDAPPA KALAGOUDAR). 3. SHRI. MADIVALLAPPA S/O BASAPPA KORISHETTAR, AGE. 51 YEARS, OCC. BUSINESS, R/O. CHANNAPUR, TQ. KITTUR, DIST. BELAGAVI. … RESPONDENTS (BY SRI. SANTOSH B. MANE, ADVOCATE FOR R1; R2 IS R/BY R1; NOTICE TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER 16.04.2025 ON I.A. NO.12 UNDER SECTION 151 CPC AND I.A. NO.13 UNDER ORDER 18 R 17 R/W 151 CPC, IN O.S. NO.25/2019 ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND CJM, DHARWAD VIDE ANNEXURE-E AND CONSEQUENTLY ALLOW I.A. NO.12 UNDER SECTION 151 CPC AND I.A. NO.13 UNDER ORDER 18 R 17 R/W 151 CPC, VIDE ANNEXURE-C 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: - 3 - HC-KAR NC: 2025:KHC-D:14663 WP No. 103408 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Article 227 of the Constitution of India by the petitioner, assailing the order dated 16.04.2025 marked as Annexure-E passed in I.A.No.12 under Section 151 of the Code of Civil Procedure, 19081, and I.A.No.13 under Order XVIII Rule 17 r/w Section 151 of the CPC in O.S.No.25/2019 on the file of III Additional Senior Civil Judge, Dharwad2,. By the impugned order, the Trial Court rejected the petitioner’s application seeking to recall PW.1 for the purpose of cross-examination. 2. Learned counsel for the respondents submits that despite sufficient opportunity granted, PW.1 was not cross- examined. Therefore, the Trial Court was justified in dismissing the said applications. 3. This Court, while granting an order of stay, had directed the petitioner to pay costs of ₹2,500/-, which is said to have been paid. This fact is not in dispute. The suit is one 1 Hereinafter referred to as the ‘CPC’ 2 Hereinafter referred to as the ‘Trial Court’ - 4 - HC-KAR NC: 2025:KHC-D:14663 WP No. 103408 of 2025 for partition and separate possession. If PW.1 is not permitted to be cross-examined, the defendants are likely to be put to prejudice. 4. Hence the following: ORDER a) The writ petition is allowed. b) The orders dated 16.04.2025 passed on I.A.No.12 under Section 151 of the CPC, and I.A.No.13 under Order XVIII Rule 17 r/w Section 151 of the Code of Civil Procedure, 1908, in O.S.No.25/2019 on the file of III Additional Senior Civil Judge, Dharwad, are set aside. c) PW.1 shall be cross-examined on the next date of hearing without fail. If the petitioner fails to cross-examine PW.1 on the next date, right to cross-examine PW.1 shall be forfeited. - 5 - HC-KAR NC: 2025:KHC-D:14663 WP No. 103408 of 2025 d) Both parties shall co-operate for early disposal of the proceedings. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 86