- 1 - HC-KAR NC: 2025:KHC-D:15383 WP No. 104011 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.104011 OF 2023 (GM-CPC) BETWEEN: 1. 2. 3. 4. 5. SMT. RASOOL BEE, SINCE DECEASED BY HER LR’S., P. MASTAN SAB S/O. DOODA HONNUR SAB, AGED ABOUT 65 YEARS, OCC: AGRICULTURIST, R/O: SHANKARBANDE VILLAGE, TALUK AND DISTRICT: BALLARI. P. KHASIM SAB S/O. DOODA HONNUR SAB, AGED ABOUT 55 YEARS, OCC: AGRICULTURIST, R/O: SHANKARBANDE VILLAGE, TALUK AND DISTRICT: BALLARI. P. HUSSAIN SAB S/O. DOODA HONNUR SAB, AGED ABOUT 48 YEARS, OCC: AGRICULTURIST, R/O: SHANKARBANDE VILLAGE, TALUK AND DISTRICT: BALLARI. P. DODDA DASTAGIR SAB S/O. DOODA HONNUR SAB, AGED ABOUT 45 YEARS, OCC: AGRICULTURIST, R/O: SHANKARBANDE VILLAGE, TALUK AND DISTRICT: BALLARI. P. SANNA DASTGIR SAB S/O. DOODA HONNUR SAB, AGED ABOUT 41 YEARS, CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15383 WP No. 104011 of 2023 6. 7. 8. OCC: AGRICULTURIST, R/O: SHANKARBANDE VILLAGE, TALUK AND DISTRICT: BALLARI. SRI. HONNUR SAB S/O. LATE SRI. MASTAN SAB, PINJAR, AGED ABOUT 38 YEARS, OCC: AGRICULTURIST, R/O: SHANKAR BANDA VILLAGE, TALUK AND DISTRICT: BALLARI. SRI. PEERA VALI S/O. LATE SRI. MASTAN SAB, PINJAR, AGED ABOUT 26 YEARS, OCC: AGRICULTURIST, R/O: SHANKAR BANDA VILLAGE, TALUK AND DISTRICT: BALLARI. SRI. SIDDIQ SAB S/O. LATE SRI. MASTAN SAB, PINJAR, AGED ABOUT 38 YEARS, OCC: AGRICULTURIST, R/O: SHANKAR BANDA VILLAGE, TALUK AND DISTRICT: BALLARI. … PETITIONERS (BY SMT. GAYATRI S.R., ADVOCATE) AND: 1. 2. 3. SMT. HONNURAMMA, SINCE DECEASED BY HER LR’S., HUSSAINAMMA W/O. HUSSAINAPPA D/O. LATE HONNURAMMA, AGE: 55 YEARS, OCC: AGRICULTURIST, R/O: KAGGAL VILLAGE, TALUK AND DISTRICT: BALLARI-583 101. SHEKAMMA W/O. HUSENAPPA D/O. LATE HONNURAMMA, AGED ABOUT 39 YEARS, OCC: AGRICULTURIST, R/O: BUDUGUPPA VILLAGE, TALUK: SIRUGUPPA, DISTRICT: BALLARI-583 101. SRI. HUSAIN SAB - 3 - HC-KAR NC: 2025:KHC-D:15383 WP No. 104011 of 2023 4. 5. 6. 7. S/O. LATE SRI. DODDA SHEKANNA PINJAR, AGED ABOUT 42 YEARS, OCC: AGRICULTURIST, R/O: CHARAKUNTE SERKUNTE VILLAGE, TALUK AND DISTRICT: BALLARI-583 101. SRI. MABOO SAB SAB S/O. LATE SRI. DODDA SHEKANNA PINJAR, AGED ABOUT 38 YEARS, OCC: AGRICULTURIST, R/O: CHARAKUNTE SERKUNTE VILLAGE, TALUK AND DISTRICT: BALLARI-583 101. SRI. B. GANESH S/O. SRI. HANUMANTHAPPA, AGED ABOUT 45 YEARS, OCC: REAL ESTATE BROKER, R/O: W.NO.16, UMASHANKAR COLONY, RUPANAGUDI ROAD, TALUK AND DISTRICT: BALLARI-583 101. SRI. N. DURUGAPAP S/O N. MARI ERAPPA, AGED ABOUT 54 YEARS, R/O. H.NO.61, W.NO.34, 5TH CROSS, DEVINAGAR, CLUB ROAD TALUK AND DISTRICT: BALLARI-583 101. SRI. G.K. CHANDRASHEKHAR S/O GALI DODDA HANUMANTHAPPA, AGED ABOUT 37 YEARS, R/O. W.NO.8, ANDRAL, BALLARI-583 101. … RESPONDENTS (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE FOR R3; NOTICE TO R2, R4 AND R5 ARE SERVED; NOTICE TO R1 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED COMMON ORDER DATED 25.05.2023 PASSED BY THE PRL. SENIOR CIVIL JUDGE/CJM, BALLARI ON I.A. NO.28, 29 AND 30 IN O.S. NO.116/2013 WHICH IS PRODUCED AT ANNEXURE-J AND CONSEQUENTLY ALLOW I.A. NO.28, 29 AND 30 FILED BY THE PETITIONERS HEREIN. - 4 - HC-KAR NC: 2025:KHC-D:15383 WP No. 104011 of 2023 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing common order dated 25.05.2023 passed on three applications in O.S.No.116/2013, on the file of Principal Senior Civil Judge, Ballari. 2. The applications are filed by the plaintiffs at the stage of cross-examination of DW1. The plaintiffs prayed to recall the order closing their side, to produce certain documents and sought permission to lead further evidence. The applications have been rejected by the Trial Court accepting the objections filed by the defendants. 3. One of the documents sought to be produced is the sale deed, based on which, the plaintiffs have made a claim. 4. In addition to that, the list of documents also comprises several other documents. - 5 - HC-KAR NC: 2025:KHC-D:15383 WP No. 104011 of 2023 5. This Court is the view that application to recall the order closing the plaintiffs’ side and to permit the plaintiffs to lead further evidence, ought to have been allowed, considering the nature of the dispute and to do complete justice. 6. Hence, the impugned orders are set-aside. The applications are allowed. The plaintiffs are permitted to lead evidence. The plaintiffs are also permitted to produce the documents. 7. However, at the time of marking the documents, if any objection is raised by the defendants relating to the relevancy of those documents, same shall be considered by the Trial Court in accordance with law and pass appropriate orders whether to admit the document or to reject the document. 8. It is also relevant to state that the law in this regard is well settled. The documents, if not properly stamped and if they require stamping, then the documents - 6 - HC-KAR NC: 2025:KHC-D:15383 WP No. 104011 of 2023 cannot be marked unless they are properly stamped. And in all other cases, the objection relating to admissibility can be considered at the time of final hearing by making necessary note in this regard while recording the evidence. 9. Hence the following: ORDER (i) Writ Petition is allowed. (ii) Impugned order dated 25.05.2023 passed on I.A.Nos.28, 29 and 30 in O.S.No.116/2013, on the file of Principal Senior Civil Judge, Ballari are set-aside. (iii) The applications in I.A.Nos.28, 29 and 30 are allowed as noted above. (iv) Since the suit is of the year 2013, both parties shall co-operate for early disposal of the suit. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/-. CT:BCK LIST NO.: 1 SL NO.: 3