- 1 - HC-KAR NC: 2025:KHC-D:16649 WP No. 109036 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109036 OF 2025 (GM-CPC) BETWEEN: SHRI AJIT S/O KHACHU DUKARE, AGE. 61 YEARS, OCC. AGRICULTURE, RESIDENTIAL ADDRESS: KINAYE VILLAGE, TQ. AND DIST. BELAGAVI-590 018, EMAIL ID: ADVOCATEVIDHYAK.GST@GMAIL.COM … PETITIONER (BY SRI. VINAYAK S. CHINCHANIKAR, ADVOCATE) AND: 1. SMT. RESHMA W/O ASHOKKUMAR SHETTY, AGE. 52 YEARS, OCC. HOUSEHOLD/AGRICULTURE, RESIDENTIAL ADDRESS: PLOT NO.5, SCHEME NO.51, OPPOSITE S. NIJALINGAPPA SUGAR INSTITUTE, GANESHPUR MAIN ROAD, LAXMITEK, BELAGAVI. 2. VILAS S/O KHACU DUKARE, AGE. 65 YEARS, OCC. AGRICULTURE, 3. SUBHASH S/O KHACHU DUKARE, AGE. 69 YEARS, OCC. AGRICULTURE, BOTH RESIDING AT: KINAYE VILLAGE, TQ. AND DIST. BELAGAVI. … RESPONDENTS (BY SRI. RAMESH I. ZIRALI, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, KHANAPUR IN O.S. 50/2021; ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE ORDER DATED 08/10/2025 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC, KHANAPUR ON I.A. NO.10 IN O.S. 50/2021 PRODUCED AT ANNEXURE-A FOR REJECTING THE APPLICATION DATED 27/06/2025 FOR RECALLING THE CROSS EXAMINATION OF RESPONDENT PW-1 AND ISSUE A WRIT OF CERTIORARI ORDERING RECALL OF CROSS EXAMINATION OF RESPONDENT PW-1 BEFORE THE LOWER. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 10:52:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16649 WP No. 109036 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 08.10.2025 rejecting the petitioner's application in I.A. No.10 in O.S. No.50/2021 seeking to recall PW1, who has not been cross examined by the petitioner/defendant. 2. Learned counsel for the plaintiff/respondent would submit that on three occasions earlier, the defendant filed similar applications and those applications were allowed on payment of cost and however, the cost is not paid. Petitioner has not cross examined PW1 and now when the case is posted for judgment, he moved one more application to recall PW1. 3. Since, it is submitted that the case is posted today for pronouncement of judgment and also it is brought to the notice of the Court that on earlier occasion the Court has issued mandate to expedite the matter, this Court is of the view that petition cannot be entertained at this stage. 4. Hence the following: - 3 - HC-KAR NC: 2025:KHC-D:16649 WP No. 109036 of 2025 ORDER (i) Writ Petition is disposed of. (ii) Liberty is reserved to the petitioner to question this order in case the petitioner suffers the decree. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 5 SL NO.: 4