- 1 - HC-KAR CNR: KAHC010484622022 NC: 2026:KHC:46249 W.P. No.21075/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.21075/2022 (GM-CPC) BETWEEN: SMT. T.K. ATIYASHABANAZ D/O T.M. KABBIRUDDIN WIFE OF ABBAS S AGED ABOUT 38 YEARS R/AT MUSTAKAHAMMED M.F. MAZIL, 10TH CROSS, MELEKOTE ROAD, VEERASAGARA TUMKRU-572106. …PETITIONER (BY SMT. VASUNDARA T.P. ADV., FOR SRI. SIDDAMALLAPPA P.M. ADV.,) AND: 1. SRI. RAJANNA SON OF RANGAPPA @ RANGAIAH AGED ABOUT 50 YEARS R/AT EKATHESHWARA TEMPLE WRD NO.2, SIRA GATE TUMKRU 572106. 2. THE COMMISSIONER TUMKURU MAHANAGARA PALIKE TUMAKURU 572101. …RESPONDENTS (BY SRI. V.B. SIDDARAMAIAH, ADV., FOR R1 SRI. SUMUKHA C.G. ADV., FOR R2) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010484622022 NC: 2026:KHC:46249 W.P. No.21075/2022 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 21.09.2022 PASSED IN O.S.NO.212/2016 BY THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU AS PER ANNEXURE-F AND THEREBY ORDERED TO ALLOW THE IA FILED UNDER ORDER 18 RULE 17(a) AND I.A. UNDER ORDER 7 RULE 14 R/W SECTION 151 OF THE CODE OF THE CIVIL PROCEDURE PER ANNEXURE-C AND D & 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 21.09.2022 passed in OS.No.212/2016 by the II Additional Civil Judge and JMFC, Tumakuru (for short ‘the trial Court’). 2. Heard Smt.Vasundara T.P., learned counsel appearing for Sri.Siddamallappa P.M., learned counsel for the petitioner, Sri.V.B.Siddaramaiah, learned counsel for respondent No.1, Sri.Sumukha C.G., learned counsel for respondent No.2 and meticulously perused the material available on record. - 3 - HC-KAR CNR: KAHC010484622022 NC: 2026:KHC:46249 W.P. No.21075/2022 3. The petitioner filed a suit in OS.No.212/2016 against the respondents herein, seeking a judgment and decree of permanent injunction and other consequential reliefs. In the said suit, the petitioner/plaintiff was examined as PW1. Thereafter, the plaintiff filed two applications. One under Order XVIII Rule 17 of the Code of Civil Procedure, 1908 (for short 'CPC'), seeking to recall the stage of plaintiff's evidence and permit the plaintiff to adduce further evidence, and another application under Order VII Rule 14 read with Section 151 of the CPC, seeking condonation of the delay in filing the list of documents. Both applications came to be rejected by the trial Court under the impugned order. 4. It is to be noticed that evidence of PW1 was concluded on 14.03.2022. Thereafter, the matter was posted for the defendants’ evidence. At that stage, these applications were filed seeking to reopen the plaintiff’s - 4 - HC-KAR CNR: KAHC010484622022 NC: 2026:KHC:46249 W.P. No.21075/2022 evidence, permit the plaintiff to adduce further evidence and also to furnish list of documents. 5. A perusal of the affidavits accompanying the said applications does not indicate sufficient reason to allow these applications. The trial Court has taken note of the fact that suit is of the year 2016 and has been pending for more than 7 years and the plaintiff has dragged the proceedings unnecessarily, by exercising its discretion has rejected the applications. I do not find any good ground to interfere with the impugned order. It is further to be noticed that now the matter is posted for judgment and taking note of the same, no interference is called for. Accordingly, the writ petition is devoid of merits and the same is rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 28