- 1 - HC-KAR NC: 2026:KHC:32708 W.P. No.22608/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.22608/2021 (GM-CPC) BETWEEN: 1. SRI. RAMESH S/O GHEVARACHAND JAIN @ GANDHI AGED ABOUT 52 YEARS. 2. VISHALAKUMAR S/O RAMESH JAIN @ GANDHI AGED ABOUT 26 YEARS. 3. ABHISHEK S/O RAMESH JAIN @ GANDHI AGED ABOUT 23 YEARS. 4. GULABABAI W/O RAMESH JAIN @ GANDHI AGED ABOUT 46 YEARS. 5. CHINKI D/O RAMESH JAIN @ GANDHI AGED ABOUT 25 YEARS. ALL ARE R/AT NEAR AMBHABHAVANI TEMPLE DODDAPETE ROAD, RANEBENNURU HAVERI DISTRICT 581115. …PETITIONERS (BY SRI. ANAND GANESH, ADV., FOR SRI. SEEBIPRASAD K.N. ADV.,) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32708 W.P. No.22608/2021 AND: 1. SRI. VARUN KUMAR S/O MALTHESH AGED ABOUT 16 YEARS. 2. KULDEEPKUMAR S/O MALTHESH AGED ABOUT 14 YEARS. 3. MADHURAMAHALAKSHMI D/O MALTHESH AGED ABOUT 10 YEARS. (MINOR GUARDIAN OF RESPONDENT NO.1 TO 3 THEIR NATURAL MOTHER) 4. SMT. CHAITRA W/O MALTHESH AGED ABOUT 44 YEARS. ALL ARE R/AT KURUBAGERI CROSS RANEBENNURU, HAVERI DISTRICT 581115. 5. MALTESH S/O CHANDRASHEKHARAPPA VIBHUTI AGED ABOUT 52 YEARS. ALL ARE R/AT KURUBAGERI CROSS RANEBENNURU, HAVERI DISTRICT 581115. (JUST A FORMAL PARTY NOT CONTESTED ONE). …RESPONDENTS (V/O/DTD:14.12.2021 NOTICE STANDS WAIVED IN RESPECT OF R5 R4 – SERVED R1 TO R3 ARE MINORS, REP. BY R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD.16.11.2021 PASSED ON IA NO.5 U/SEC 151 CPC AND IA NO.6 U/O 18 RULE 17 CPC IN - 3 - HC-KAR NC: 2026:KHC:32708 W.P. No.22608/2021 O.S.NO.149/2018, I ADDL. SENIOR CIVIL JUDGE AND JMFC DAVANAGERE VIDE ANNEXURE-F & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 16.11.2021 passed on I.A.No.5 and I.A.No.6 in O.S.No.149/2018 by the I Additional Senior Civil Judge and JMFC, Davangere (for short, ‘the trial Court’). 2. Heard Sri.Anand Ganesh, learned counsel for Sri.Seebi Prasad K.N., learned counsel for the petitioners. 3. Though the notice is served on the respondents, there is no representation. 4. The respondent Nos.1 to 4 have filed the suit in O.S.No.149/2018 for partition and separate possession, declaration and other reliefs. In the said suit, the petitioners-defendant Nos.2 to 6 have filed detailed written statement denying the plaint assertions and sought - 4 - HC-KAR NC: 2026:KHC:32708 W.P. No.22608/2021 for dismissal of the suit. The plaintiff No.4 examined herself as PW1 and the matter was posted for cross- examination of PW1. On 25.06.2019, PW1 was present and the matter was adjourned to 02.07.2019 and on the said date, the counsel representing the defendant Nos.2 to 6 has partly cross-examined PW1 and again the matter was adjourned to 15.07.2019 and on that day, PW1 was absent and the matter was adjourned to 25.07.2019 and on the said day also PW1 was absent. Again on 05.08.2019, PW1 was absent and matter was adjourned to 04.08.2019 and on the said date, PW1 was present but the defendants failed to cross-examine PW1. Thereafter, an application in I.A.No.4 was filed for adjournment which was allowed on 17.09.2019. Thereafter, matter was posted for additional issues and on several dates matter was adjourned but the defendants failed to cross-examine PW1. On 03.08.2021, time was granted to cross-examine PW1 on cost of ₹300/- and the matter was adjourned to 09.08.2021 and on the said date, PW1 was absent and PW1 was present on 23.08.2021. However, defendants - 5 - HC-KAR NC: 2026:KHC:32708 W.P. No.22608/2021 have not cross-examined PW1. Hence, cross-examination of PW1 was taken as Nil. Thereafter, the defendant Nos.2 to 6 have filed an application in I.A.Nos.5 and 6 to reopen the stage of cross-examination of PW1 and permit them to cross-examine PW1. The said application was rejected by the trial Court under the impugned order. The order sheet indicates that the trial Court has provided sufficient opportunity to the defendants, however, they failed to avail the said benefit. 5. It is required to be noticed that the petitioners- defendants are claiming to be the subsequent purchasers of the property and right to cross-examine is a substantial right available to the party to the proceedings and denial of such right would amount to violation of principles of natural justice. Considering the said aspect, one more opportunity needs to be provided to the petitioners- defendant Nos.2 to 6 to cross examine PW1 on certain terms. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2026:KHC:32708 W.P. No.22608/2021 ORDER i. The writ petition is allowed. ii. The impugned order dated 16.11.2021 passed on I.A.No.5 and I.A.No.6 in O.S.No.149/2018 by the I Additional Senior Civil Judge and JMFC, Davangere, is set aside. Consequently, I.A.No.5 and I.A.No.6 filed by defendant Nos.2 to 6 are allowed subject to defendant Nos.2 to 6 paying cost of ₹1,000/- to the plaintiffs. iii. The defendant Nos.2 to 6 shall not take any further adjournment and they shall cross- examine PW1 without any delay. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 33