- 1 - HC-KAR NC: 2025:KHC-D:18310 WP No. 107192 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.107192 OF 2025 (GM-CPC) BETWEEN: HUVAPPA S/O. HANAMAPPA HOLER @ CHALAVADI AGE: 72 YEARS, OCC: RETIRED, R/O. 215, 3RD CROSS TEACHERS COLONY, GREEN DOT SCHOOL, CHANDAPUR, BENGALURU-560099. …PETITIONER (BY SRI. CHANDRASHEKHAR S.NAGASHETTI, ADVOCATE) AND: 1. SMT. NAGAVVA W/O. AMARAPPA HOSAMANI AGE: 70 YEARS, OCC: HOUSEHOLD, R/O. CHALAWADI ONI, CHOLCHAGUDDA, TQ: BADAMI, DIST: BAGALKOT-587201. 2. SMT. SHARANAVVA W/O. HANAMAPPA KHADIYAVAR, AGE: 67 YEARS, OCC: HOUSEHOLD, R/O. SOMANAKATTI, TQ: RON, DIST: GADAG-582209. 3. SMT. MANJULA @ MANJAVVA W/O. RAMAPPA CHALAWADI, AGE: 64 YEARS, OCC: HOUSEHOLD, R/O. KITTALI, TQ: BADAMI, DIST: BAGALKOT-582209. 4. SMT. SUVARNA W/O. HOOVAPPA HOLER @ CHALAWADI, AGE: 62 YEARS, OCC: HOUSEHOLD, R/O. NEAR KARIYAMMA TEMPLE, SOMANAKATTI, TQ: BADAMI, DIST: BAGALKOT-582209. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:18310 WP No. 107192 of 2025 5. SHARANBASAVRAJ S/O. HOOVAPPA HOLER @ CHALAWADI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. 215, 3RD CROSS, TEACHERS COLONY, GREEN DOT SCHOOL, CHANDAPUR, BANGALORE-560099. 6. PRASHANTH S/O. HOOVAPPA HOLER @ CHALAWADI, AGE: 37 YEARS, OCC: AGRICULTURE, R/O. 215, 3RD CROSS, TEACHERS COLONY, GREEN DOT SCHOOL, CHANDAPUR, BANGALORE-560099. 7. RESHMA @ SANNIDI D/O. HOOVAPPA HOLER @ CHALAWADI, AGE: 32 YEARS, OCC: HOUSEHOLD, R/O. 215, 3RD CROSS, TEACHERS COLONY, GREEN DOT SCHOOL, CHANDAPUR, BANGALORE-560099. 8. KIRAN S/O. HOOVAPPA HOLER @ CHALAWADI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O. 215, 3RD CROSS, TEACHERS COLONY, GREEN DOT SCHOOL, CHANDAPUR, BANGALORE-560099. 9. AKSHAYKUMAR S/O. HOOVAPPA HOLER @ CHALAWADI, AGE: 37 YEARS, OCC: AGRICULTURE, R/O. 215, 3RD CROSS, TEACHERS COLONY, GREEN DOT SCHOOL, CHANDAPUR, BANGALORE-560099. …RESPONDENTS (NOTICE TO R1 TO R3 IS SERVED; NOTICE TO R4 TO R9 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 09-09- 2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AT RON IN OS NO. 223/2023 BY VIDE ANNEXURE-D IA NO. X AND XI DIRECTED THE TRAIL COURT TO TAKE FURTHER EVIDENCE OF DW-1 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:18310 WP No. 107192 of 2025 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) The petition is filed assailing the order on I.A. No.10 and 11 filed by defendants No.1 and 2 seeking permission to lead evidence of DW-1. 2. The application was allowed on payment of cost of Rs.1,000/- each. Later, when the counsel for defendants No.1 and 2 sought 5 to 7 days time to lead the evidence, the prayer was rejected and evidence of DW1 has taken as nil. 3. Learned counsel for the respondents would defend the impugned order. 4. The Court after having considered the order is of the view that the Court having permitted the DW1 to lead evidence on payment of cost of Rs.1,000/- each could have granted 5 to 7 days accommodation. However, same is not - 4 - HC-KAR NC: 2025:KHC-D:18310 WP No. 107192 of 2025 done. Suit is of the year 2023. Under the circumstances, the following:- ORDER (i) Petition is allowed. (ii) Impugned order dated 09.09.2025 on I.A. No.10 & 11 passed by the Trial Court is set-aside. (iii) DW1 is permitted to lead evidence on payment of cost of Rs.2,000/-. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN/CHS Ct:VH List No.: 1 Sl No.: 97