- 1 - HC-KAR NC: 2026:KHC:5238 WP No. 14717 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO.14717 OF 2022 (GM-CPC) BETWEEN: 1. SRI. RAMACHANDRAIAH (SINCE DEAD, HIS LRs) SMT. SUSHEELAMMA, W/O LATE RAMACHANDRAIAH, AGED 62 YEARS, 2. SRI. ROOPESH, S/O LATE RAMACHANDRAIAH, AGED 42 YEARS, BOTH ARE RESIDING AT NO. 679, 6TH MAIN ROAD, 5TH STAGE, B E M L LAYOUT, RAJARAJESHWARINAGARA, BANGALORE – 560 098. …PETITIONERS (BY SRI. V LAKSHMAIAH., ADVOCATE) AND: 1. SRI. RAGHU KUMAR, S/O LATE RAMACHANDRAIAH, AGED ABOUT 36 YEARS, 2. SRI. VINAY KUMAR, S/O LATE RAMACHANDRAIAH, AGED 33 YEARS, BOTH ARE RESIDING AT NO.679, 6TH MAIN ROAD, - 2 - HC-KAR NC: 2026:KHC:5238 WP No. 14717 of 2022 5TH STAGE, BEML LAYOUT, RAJARAJESHWARINAGARA, BANGALORE - 560 098. 3. SRI. ANDANAIAH S/O LATE RAMAIAH @ DODDARAMAIAH, AGED 70 YEARS, R/A D S HOSAHALLI, KAMBATHNAHALLI POST, GULUR HOBLI, TUMAKURU TQ & DISTRICT, PIN – 572 118. 4. SRI. NANJE GOWDA, S/O LATE RAMAIAH @ DODDARAMAIAH AGED 65 YEARS, R/A D. S. HOSAHALLI KAMBATHNAHALLI POST GULUR HOBLI, TUMAKURU TQ & DISTRICT, PIN – 572 118. 5. SRI. GANGARAJAIAH, S/O LATE RAMAIAH @ DODDARAMAIAH, AGED 58 YEARS, R/A NO.18, 2ND CROSS, PAPAREDDY PALYA, NAGARABHAVI II STAGE, OPP. JUBILEE INTERNATIONAL PUBLIC SCHOOL, BANGALORE - 560 072. 6. SMT. SAROJAMMA, W/O GANGAHANUMAIAH, D. S. HOSAHALLI, KAMBATHNAHALLI POST, GUULUR HOBLI, TUMAKURU TQ & DIST. PIN – 572 118. …RESPONDENTS (BY SMT. MAMATHA. S., ADVOCATE FOR R1 & R2; SRI. GOPALAKRISHNAMURTHY C, ADVOCATE FOR R3; VIDE ORDER DATED 12.02.2025, NOTICE TO R4, R5 & R6 IS DISPENSED WITH) - 3 - HC-KAR NC: 2026:KHC:5238 WP No. 14717 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 01.07.2022 PASSED BY THE HON’BLE COURT BELOW (ANNEXURE-A) IN O.S.NO.263/2014 PENDING BEFORE THE COURT OF II ADDL SR.C.J. AND JMFC TUMAKURU AND BE PLEASED TO ORDER FOR REOPENING OF THE CASE AND RECALL OF THE DW-1 FOR HIS CROSS EXAMINATION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition seeks to challenge an order dated 01.07.2022 on two I.As in O.S.No.263/2014, passed by the learned II Additional Senior Civil Judge and JMFC, Tumakuru [hereinafter referred to as the “Impugned Order”]. By the Impugned Order, two applications, one under Section 151 of the CPC and the other under Order XVIII Rule 17 of the CPC, filed by the defendant Nos.3(a) and 3(b) have been dismissed with costs of Rs.100/- each. 2. The learned Trial Court has found that there have been no just and reasonable grounds set out in the applications which have been filed in a mechanical manner and that no grounds for reopening the case belatedly have been made out. - 4 - HC-KAR NC: 2026:KHC:5238 WP No. 14717 of 2022 3. The learned counsel for the petitioners/defendant Nos.3(a) and 3(b) submits that the petitioners were impleaded as parties to the suit only on 08.02.2022 and thus they must be given an opportunity to produce their evidence. 4. The learned counsel for the respondents, on the other hand, submits that the petitioner No.1/defendant No.3(a) had filed an application for her transpose as plaintiff No.3 to contest the suit against the other defendants along with her two sons, plaintiffs No.1 and 2, which was categorically denied by the learned Trial Court. He further submits that no Written Statement had been filed by the petitioners/defendant Nos.3(a) and 3(b). 5. After some arguments, the learned counsel for the petitioners/defendant Nos.3(a) and 3(b) submits that he would restrict his challenge in the present petition to an opportunity to cross- examine defendant No.1 (DW-1) before the Trial Court. He submits that he will require only one date to cross- examine the defendant No.1 (DW-1). - 5 - HC-KAR NC: 2026:KHC:5238 WP No. 14717 of 2022 6. The learned counsel for the respondents submits that this option is amenable to him provided that the trial not be delayed any further and the cross-examination be concluded on the same day and that he be permitted an opportunity to re- examine DW-1, if required. 7. In view of the consensus between the parties and given the pendency of the petition before this Court, this Court deems it apposite to pass the following directions: (i) The petitioners/defendant Nos.3(a) and 3(b) shall be permitted to cross-examine the respondent No.3/defendant No.1(DW-1) on one date; (ii) The respondents shall be allowed to re-examine the defendant No.1 (DW-1) once the cross-examination is concluded; (iii) The re-examination and the cross-examination shall be concluded on the same day itself. - 6 - HC-KAR NC: 2026:KHC:5238 WP No. 14717 of 2022 8. The parties shall appear before the Trial Court on 10.02.2026, on which date, the learned Trial Court shall fix the date for the re-examination and cross-examination. 9. It is made clear that the rights and contentions of both parties are kept open and the order being passed today is without prejudice to the rights and contentions of the parties. 10. The petition is disposed of in the aforegoing terms. All pending applications stand closed. 11. The Registry is directed to communicate a copy of this order to the learned Trial Court. (TARA VITASTA GANJU) JUDGE BMV* List No.: 1 Sl No.: 17 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA