- 1 - HC-KAR NC: 2026:KHC:5991 WP No. 22683 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.22683 OF 2025 (GM-CPC) BETWEEN: 1. SRI NAGESHCHARI S/O LATE ESHWARACHARI AGED ABOUT 43 YEARS R/AT ALUR GRAMA KASABA HOBLI MADDUR TALUK, MANDYA DISTRICT 571428 2. SRI N N BASAVACHARI S/O LATE NAGALINGACHARI AGED ABOUT 42 YEARS R/AT NAGARAKERE VILLAGE KASABA HOBI, MADDUR TALUK MANDYA DISTRICT 571428 3. SRI B GIRISH KUMAR S/O LATE BOODAIAH AGED ABOUT 51 YEARS R/AT NO.99, SHIVAKRUPA NILAYA 2ND MAIN ROAD, 3RD CROSS VIVEKANANDA NAGAR CHANNAPATNA TOWN RAMANAGARA DISTRICT - 562160 …PETITIONERS (BY SRI. RAJU S., ADVOCATE) AND: 1. SMT JYOTHI K L D/O LAKSHMI NARASIMHAIAH W/O PRADEEP M AGED ABOUT 38 YEARS RA/T NO.59, 10TH CROSS 1ST MAIN Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5991 WP No. 22683 of 2025 PRASHANTH NAGAR BENGALURU 560 079 2. SMT. VIDYASHREE K L D/O LAKSHMINARASIMHAIAH W/O SANTHOSH AGED ABOUT 37 YEARS RA/T NO.19, N R I INSTITUTE ROAD NEAR ST JOHN’S SCHOOL PAPAREDDY PALYA NAGARABHAVI 2ND STAGE BENGALURU NORTH BENGALURU – 560 072 3. SAHANA K L D/O LAKSHMINARASIMHAIAH W/O GANGADHARA B C AGED ABOUT 33 YEARS R/AT NO.41, MARIYAPPA LAYOUT MAGADI MAIN ROAD NEAR NOBEL SCHOOL VISHWANEEDAM BENGALURU 560 091 4. SRI KARTHIK K L S/O LAKSHMINARASIMHAIAH W/O PRADEEP M AGED ABOUT 31 YEARS R/AT KORAMANGALA VILLAGE CHAKRABHAVI POST, MADBAL HOBLI, MAGADI TALUK KORAMANGALA RAMANAGARA DISTRICT 562120 5. SRI M P CHANDRA S/O LATE PUTTARAMU AGED ABOUT 59 YEARS R/AT 11TH CROSS LEELAVATHI LAYOUT MADDUR TOWN, MANDYA DISTRICT – 571428 6. SRI M P MANJUNATH S/O ALTE PUTTARAMU AGED ABOUT 56 YEARS R/AT 11TH CROSS, LEELAVATHI LAYOUT - 3 - HC-KAR NC: 2026:KHC:5991 WP No. 22683 of 2025 MADDUR TOWN, MANDYA DISTRICT – 571 428 7. SMT. SHOBHA RANI W/O M P CHANDRU AGED ABOUT 53 YEARS R/AT 11TH CROSS, LEELAVATHI LAYOUT MADDUR TOWN MANDYA DISTRICT 571428 8. SRI NIRKISHITH C S/O M P CHANDRU AGED ABOUT 25 YEARS R/AT NO.11TH CROSS LEELAVATHI LAYOUT, MADDUR TOWN, MANDYA DISTRICT 571428 …RESPONDENTS (BY SRI. ANIL SHEKAR K.S., ADVOCATE FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18/07/2025 ON IA NOS.14 AND 15 IN OS NO.206/2022 PASSED BY ADDL. SENIOR CIVIL JUDGE, JMFC AT MADDUR DISMISSING IA NOS.14 AND 15 FILED BY THE PETITIONERS AS PER ANNX-A AND TO ALLOW IA NOS.14 AND 15 FILED BY THE PETITIONERS, A PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by defendant Nos.5, 6 and 7 is directed against the impugned common order dated 18.07.2025 whereby the applications – I.A.Nos.14 and 15 filed by the petitioners-defendant Nos.5 to 7 to reopen the case and to adduce further evidence by - 4 - HC-KAR NC: 2026:KHC:5991 WP No. 22683 of 2025 examining five witnesses as per the list was rejected by the Trial Court. 2. Heard learned counsel for the petitioners and learned counsel for the respondent Nos.1 to 4 and perused the material on record. 3. Learned counsel for the petitioners submits that due to bonafide reasons, unavoidable circumstances and sufficient cause, the petitioners could not file the list of witnesses showing the name of the five proposed witnesses, after settlement of issues and since the evidence of the said witnesses are relevant and material, for the purpose of adjudication of the issues in controversy between the parties, the petitioners may be granted one more opportunity to examine the said witnesses in accordance with law. 4. Per contra, learned counsel for respondent Nos.1 to 4 on instructions submits that the petitioners may be granted one more opportunity subject to fixing a time frame for completion of evidence of the proposed witnesses. In view of the aforesaid facts and circumstances, I deem it just and appropriate to set aside the impugned order and allow I.A.Nos.14 and 15 and permit the - 5 - HC-KAR NC: 2026:KHC:5991 WP No. 22683 of 2025 petitioners to examine the five witnesses as sought for in I.A.No.15 by issuing certain directions: 5. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned common order dated 18.07.2025 passed on I.A.Nos.14 and 15 in O.S.No.206/2022 by the Trial Court is hereby set aside. (iii) I.A.Nos.14 and 15 are allowed subject to the condition that the petitioners shall complete the evidence of the five witnesses mentioned in I.A.No.15 on or before 30.04.2026. (iv) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. (v) Liberty is reserved in favour of the respondents- plaintiffs to cross-examine the witnesses to be examined by the petitioners. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 33