- 1 - HC-KAR NC: 2026:KHC:2655 WP No. 20552 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 20552 OF 2023 (GM-CPC) BETWEEN: 1. LATE VENKATALAKSHMAMMA SINCE DEAD BY LRS SHRI. GOVINDAPPA S/O LATE. ASHWATHAPPA AGED ABOUT 48 YEARS 2. SHRI MURALI S/O LATE. ASHWATHAPPA AGED ABOUT 43 YEARS BOTH ARE RESIDING AT CHIKKASAGARAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT …PETITIONERS (BY SRI. G A SRIKANTE GOWDA, ADVOCATE) AND: 1. M/S POWERGRID CORPORATION OF INDIA (A GOVERNMENT OF INDIA ENTERPRISE) OFFICE AT YELAHANKA 400 (GIS) 220 KV (AIS) CONSTRUCTION AREA, NEAR RTO DRIVING TEST TRACK, SINGANAYAKANAHALLI POST YELAHANKA -DODDABALLAPURA ROAD, YELAHANKA HOBLI, BENGALURU - 560 064. (REPRESENTED BY ITS MANAGING DIRECTOR) 2. THE STATE OF KARNATAKA Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2655 WP No. 20552 of 2023 REPRESENTED BY ITS SECRETARY. DEPARTMENT OF ENERGY VIKASA SOUDHA BENGALURU - 560 001. 3. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 562 101. …RESPONDENTS (BY SRI. JOSHUA HUDSON SAMUEL, ADVOCATE SMT. V. HEMALATHA, AGA FOR R2 & R3) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 18.08.2023 ANNEXURE-E PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA ON I.A.NO.6 (ANNEXURE-C3) FILED U/S 151 OF CPC AND APPLICATION I.A.NO.7 (ANNEXURE-C4) FILED UNDER XVIII RULE 17 R/W SECTION 151, FILED IN MISC. PETITION 32/2019. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. This petition by the petitioners in Misc. Petition No.32/2019 is directed against the impugned order dated 18.08.2023 passed by the Trial Court, whereby the applications - I.A.Nos.6 and 7 filed by the petitioners seeking reopening of the case and for permission to adduce further evidence were rejected by the Trial Court. 2. The petitioners were before the Trial Court seeking enhancement of compensation awarded in their favour by the - 3 - HC-KAR NC: 2026:KHC:2655 WP No. 20552 of 2023 respondents under the provisions of Indian Telegraph Act. The said proceedings having been contested by the respondents, the petitioners adduced oral and documentary evidence, pursuant to which, the respondents adduced evidence and were cross- examined by the petitioners. However, subsequently, the petitioners filed the instant applications seeking permission to adduce further evidence by reopening the case. The said applications having been opposed by the respondents, the Trial Court proceeded to pass the impugned order rejecting the applications, aggrieved by which, the petitioners are before this Court by way of present petition. 3. Heard the learned counsel for the petitioners and the learned counsel for the respondents and perused the material on record. 4. A perusal of the impugned order would indicate that the Trial Court has rejected the applications only on the ground that the petitioners themselves had submitted before it that they had no further evidence. In this context, the Trial Court failed to consider and appreciate the affidavits of the petitioners filed in support of their applications, wherein they have made out valid and sufficient - 4 - HC-KAR NC: 2026:KHC:2655 WP No. 20552 of 2023 grounds which would enable them to seek reopening of the case and lead further evidence. Under these circumstances, I deem it just and appropriate to adopt a justice oriented approach and in order to provide one more opportunity to the petitioner, to set aside the impugned order and allow the applications filed by the petitioners especially when the respondents would be entitled to cross-examine the petitioners in relation to the further evidence to be adduced by them. As such, I am of the considered opinion that the impugned order passed by the Trial Court has resulted in miscarriage of justice warranting interference by this Court in exercise of jurisdiction under Article 227 of the Constitution of India. 5. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The impugned order dated 18.08.2023 at Annexure-E is set aside. iii) The applications - I.A.Nos.6 and 7 filed by the petitioners in Misc. Petition No.32/2019 are hereby allowed. - 5 - HC-KAR NC: 2026:KHC:2655 WP No. 20552 of 2023 iv) The petitioners are permitted to adduce additional evidence as sought for in the applications on the date to be fixed by the Trial Court without seeking unnecessary adjournment under any circumstances whatsoever. v) Liberty is reserved in favour of the respondents to cross-examine the petitioners in relation to further evidence and also adduce additional evidence on all aspects of the matter. SD/- (S.R.KRISHNA KUMAR) JUDGE PKS List No.: 1 Sl No.: 26