- 1 - HC-KAR NC: 2026:KHC:10665 WP No. 1054 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1054 OF 2026 (GM-CPC) BETWEEN: 1. SMT. RAHIMUNNISA W/O LATE MOHAMMED IQBAL AGED 63 YEARS R/O NO.1058/PP LENIN NAGAR NEAR SIDDAGANGA SCHOOL DAVANAGERE TALUK AND DIST 577 002 2. TABASSUM D/O LATE MOHAMMED IQBAL AGED 35 YEARS OCC HOMEMAKER NO.1058/PP LENIN NAGAR NEAR SIDDAGANGA SCHOOL DAVANAGERE TALUK AND DIST - 577 002 …PETITIONERS (BY SRI. VASANTHA KUMAR K M., ADVOCATE) AND: SRI. MALLANAGOWDA SADASHIVANAGOWDA EMMERA ALIAS M.S.EMMERA AGED 38 YEARS R/O NO.1058/9, LENIN NAGAR NEAR SIDDAGANGA SCHOOL DAVANAGERE - 577 002 SHIKARIPURA TALUK SHIVAMOGGA DIST - 577 002 …RESPONDENT (BY SRI. MARUTHI G B., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE RECORDS IN OS NO. 171/2021 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC AT SORABA. II. QUASH SET ASIDE THE ORDER DATED 02.12.2025 MADE IN Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10665 WP No. 1054 of 2026 IA NO. 5 AND 6 IN OS NO. 438/2022 PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT DAVANAGERE AS THE SAME BEING ARBITRARY ERRONEOUS AND OPPOSED TO LAW EQUITY AND JUSTICE (ANNX-E). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendants in O.S.No.438/2022 is directed against the impugned order dated 02.12.2025, whereby the applications I.A.Nos. 5 and 6 filed by the petitioners to re-open the case and to recall PW-1 for further cross-examination was rejected by the trial court. 2. Heard leaned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. After arguing the matter for sometime, learned counsel for the petitioners and learned counsel for the respondent jointly submit that the impugned order passed by the trial court may be set aside and applications I.A.Nos.5 and 6 may be allowed, subject to the condition that the petitioners would further cross-examine PW-1 on the next date of hearing of the suit, which is posted on - 3 - HC-KAR NC: 2026:KHC:10665 WP No. 1054 of 2026 03.03.2026 without seeking any adjournment under any circumstances. The said joint submission is placed on record. 4. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 02.12.2025 passed on I.A.Nos.5 and 6 in O.S.No.438/2022 by the trial court is hereby set aside. (iii) I.A.Nos.5 and 6 are hereby allowed, subject to the condition that the petitioners are permitted to further cross-examine PW-1 (if he is present) on 03.03.2026 without seeking any adjournment under any circumstances. (iv) After completion of further cross-examination of PW-1, the trial court shall proceed further and dispose of the suit within a period of six months from the date of receipt of a copy of this order. (v) All rival contentions between the parties are kept open and no opinion is expressed on the same. SD/- (S.R.KRISHNA KUMAR) JUDGE Srl.