- 1 - HC-KAR NC: 2025:KHC-D:14852 WP No. 101133 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101133 OF 2025 (GM-CPC) BETWEEN: SHRI VITTAL S/O MAYAPPA HIREKURBAR, AGE. 53 YEARS, OCC. AGRICULTURE, R/O. RAMATHEERTH VILLAGE, TQ. ATHANI, DIST. BELAGAVI, PIN CODE-591 265. … PETITIONER (BY SRI. SANJAY S. KATAGERI, ADVOCATE) AND: 1. SHRI GOPAL S/O JETTAPPA HIREKURBAR, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. RAMATHEERTH VILLAGE, TQ. ATHANI, DIST. BELAGAVI, PIN CODE-591 265. 2. SHRI HONAPPA S/O JETTAPPA HIREKURBAR, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. RAMATHEERTH VILLAGE, TQ. ATHANI, DIST. BELAGAVI, PIN CODE-591 265. 3. SMT. SATTEVVA W/O NEELAPPA HIREKURBAR, AGE. 69 YEARS, OCC. AGRICULTURE, R/O. RAMATHEERTH VILLAGE, TQ. ATHANI, DIST. BELAGAVI, PIN CODE-591 265. … RESPONDENTS (NOTICE TO R1 TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED. 10-12-2024 PASSED ON I.A. NOS.9 AND 10 IN O.S. NO.1072/2016 BY THE LEARNED II ADDL. CIVIL JUDGE AND JMFC, ATHANI, AS PER ANNEXURE-J HEREIN AND CONSEQUENTLY ALLOWING THE SAID APPLICATIONS I.A. NOS. 9 AND 10 AS FILED BY THE PETITIONER UNDER ORDER 18 RULE 17 R/W 151 OF CPC AS PER ANNEXURE-G AND H HEREIN, BY ALLOWING THIS WRIT PETITION BY THIS COURT, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14852 WP No. 101133 of 2025 THIS 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 dated 10.12.2024 rejecting the petitioner's application to recall PW1 for cross- examination. 2. The applications are also filed seeking permission to cross-examine PW1. Both the applications are rejected on the premise that applications are belatedly filed. The suit is one for declaration and injunction. The defendants have also filed counter claim. 3. Considering the controversy in the suit, this Court is of the view that the defendants should be permitted to cross- examine PW1. Rejection of the application was not warranted. In such situations if the Court finds that applications are filed to delay the hearing, the Court should allow applications on a condition of payment of cost or that witness should be cross- examined on a particular day without seeking adjournments. - 3 - HC-KAR NC: 2025:KHC-D:14852 WP No. 101133 of 2025 4. Thus to do complete justice the applications are allowed by setting aside the impugned order. 5. The petitioner shall cross-examine PW1 on the next date of hearing and petitioner shall also pay a cost of ₹1,000/-. The payment of cost is a condition precedent to cross-examine PW1, if PW1 is available. 6. Writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 64