- 1 - HC-KAR NC: 2026:KHC:1172 WP No. 18802 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8THDAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 18802 OF 2022 (GM-CPC) BETWEEN: SRI. T.K.POONACHA S/O SRI. T.K.KARYAPPA, RESIDING IN A PORTION OF PROPERTY NO. 2113, 14th MAIN , 9thCROSS, KODIHALLI, HAL III STAGE, BENGALURU-560008. …PETITIONER (BY SRI. Y.NAGARAJ., ADVOCATE FOR SRI. C.SHANKAR REDDY., ADVOCATE) AND: 1. SRI. K.KALE GOWDA S/O KAREGOWDA, AGED ABOUT 55 YEARS, R/AT NO. 35, 1stMAIN ROAD, KALYAN NAGAR, BENGALURU-560072. 2. RESHMAI D/O LATE PURNAKAR, AGED ABOUT 58 YEARS, 3. GOWTHAM S/O LATE PURNAKAR, AGED ABOUT 56 YEARS 4. ANAND S/O LATE PURNAKAR, AGED ABOUT 54 YEARS, - 2 - HC-KAR NC: 2026:KHC:1172 WP No. 18802 of 2022 RESPONDENTS NO.1 TO 4 ARE R/AT NO.171, OPP. KAMATH HOTEL, NEAR, KALBURGI CENTRAL BUS STAND, M.S.K.MILL ROAD, SHANTHINAGAR, KALBURGI-585 103. 5. SMT. RAJANA BI @ MUNIRA MATHUM SAB NISHANADAR @ MUNIRA IMAM HUSSAIN MADARE, (WRONGLY STYLING HERSELF AS BASAMMA) W/O MIYA KHAN ,CHOUDHARI, AGED ABOUT 78 YEARS, WORKING AS A SCHOOL TEACHER, TEH GOKAK MILLS PRIMARY SCHOOL, GOKAK FALLS, BELGAUM DISTRICT-591 303. 6. SRI. TUKARAM H/O BASAMMA, AGED ABOUT 60 YEARS, R/AT KHADIJANDA VILLAGE, BASAVAKALYAN TALUK, BIDAR DISTRICT, KARNATAKA-585 327. 7. THE BENGALURU MAHANAGARA PALIKE, J.C. ROAD, BENGALURU-560002. REPRESENTED BY ITS COMMISSIONER. 8. THE REVENUE OFFICER, BENGALURU MAHANAGARA PALIKE, JEEVANBHIMANAGAR RANGE, CORPORATION WARD NO. 74, KODIHALLI, HAL 3rdSTAGE, BENGALURU-560008. …RESPONDENTS (BY SRI. H.K.KENCHE GOWDA., ADVOCATE FOR R1; SRI. MUNIYAPPA.D., ADVOCATE FOR R2 TO R4) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TOISSUE WRIT OF CERTIORARI OR DIRECTION OR WRIT OF LIKE NATURE QUASHING THE - 3 - HC-KAR NC: 2026:KHC:1172 WP No. 18802 of 2022 IMPUGNED ORDER DATED: 01.09.2022 MADE IN O.S. NO..494/2006 FROM THE FILE OF HON’BLE C/C XXVII ADDITIONAL CITY CIVIL JUDGE AT BENGALURU, THE ANNX-G TO THE PETITION AND ALLWO THE APPLICATIONS FILED UNDER ORDER 18 RULE 17 READ WITH SECTION 151 OF THE CPC, DATED 01.09.2022 AND NOTHER APPLICATION FILED UNDER SECTION 151 OF THE CPC, DATED 01.09.2022, THE ANNX-E AND F TO THE WRIT PETITION BY GRANTING THE RELIEFS SOUGHT FOR THERE IN AND ETC. THIS 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 has been filed under Article 227 of the Constitution of India seeking to challenge an order dated 01.09.2022 in O.S.No.494/2006 passed by the XXVII Addl. City Civil Judge, Bangalore (hereinafter referred to as the “Impugned Order”). By the Impugned Order, the learned Trial Court has rejected an application under Order 18 Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred as “CPC”) filed by the petitioner/plaintiff without giving any finding. It has been held that since this High Court in, W.P.No.2546/2022, had fixed four weeks time to conclude evidence in the suit, this application could not be examined. - 4 - HC-KAR NC: 2026:KHC:1172 WP No. 18802 of 2022 2. Learned counsel for the petitioner/plaintiff submits that the impugned order has been passed without any finding or reason for rejection of such application. He further submits that the application was heard and decided on the same day. Thus, the order is not in accordance with law. 3. Learned counsel for the respondents/defendants on the other hand, submits that insofar as the application under Order 18 Rule 17 of the CPC is concerned, he has no objection to the said application, provided that the recall of D.W.1 is done on one date and concluded on the very same day. 4. This suggestion is acceptable to the learned counsel for the petitioner/plaintiff. 5. Concededly, the application has been rejected by the learned Trial Court without any findings or reasons. In addition, this matter has been pending before this Court for three and a half years and the suit has been stayed. However, in view of consensus between the parties, this Court proceeds to pass the following: - 5 - HC-KAR NC: 2026:KHC:1172 WP No. 18802 of 2022 ORDER i) D.W.1 will be recalled for cross-examination on the next date of hearing before the Trial Court, and the petitioner/plaintiff will conclude the cross-examination of D.W.1 on the very same date itself. ii) No unnecessary adjournments shall be taken by either party. The parties are bound down by the statements made by their counsels. iii) The learned Trial Court shall attempt to conclude the matter expeditiously in view of order passed by this Court previously. iv) The rights and contentions of both parties are left open to be agitated before the learned Trial Court. v) Registry is directed to convey a copy of the order to the learned Trial Court. 6. Accordingly, the petition is disposed of. All pending applications stand closed. (TARA VITASTA GANJU) JUDGE YN. List No.: 1 Sl No.: 16 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA