- 1 - HC-KAR NC: 2026:KHC:4373 WP No. 30614 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 30614 OF 2025 (GM-CPC) BETWEEN: NAJMA BANU W/O LATE ASLAM PASHA, AGED ABOUT 55 YEARS, STAR WOOD INDUSTRIES, R/AT D. NO. 3636/1, KIRAJAJI ROAD, SHABBIR NAGAR HUNSUR TOWN-571105 REP. BY ITS GPA HOLDER REHMETHULLAHA …PETITIONER (BY SMT.AAFIYA KAUSER, ADVOCATE FOR SRI. SHRIVATSA.,ADVOCATE) AND: IQBAL AHMMED S/O LATE AMEER AHMMED, AGED ABOUT 55 YEARS, R/AT D. NO. 1825/14B, KIRAJAJI ROAD, SHABBIR NAGAR, HUNSUR TOWN-571 105 …RESPONDENT (BY SRI. BALAKRISHNA SHASTRY G..,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DATED 25.09.2025 PASSED ON IA NO. 8 AND 9 IN OS NO. 489/2015 ON THE FILE OF THE HONORABLE PRL. CIVIL JUDGE AND JMFC AT HUNSUR (ANNEXURE-A) AND CONSEQUENTLY, ALLOW APPLICATION IA NO. 8 AND 9 FILED BY THE PETITIONER AS PER ANNEXURE-H AND H1. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4373 WP No. 30614 of 2025 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 the defendant in O.S.No.489/2015 on the file of the Principal Civil Judge and JMFC, Hunsur (for short “the Trial Court”) is directed against the impugned order dated 25.09.2015, whereby the applications, I.A.Nos.8 and 9 filed by the petitioner under Order XVIII Rule 17 CPC seeking reopening of the case and recalling of DW-1 for further examination-in-chief were rejected by the Trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that in the aforesaid suit filed by the respondent-plaintiff against the petitioner-defendant having been contested, both parties adduced oral and documentary evidence and the matter was posted for judgment at which stage, the petitioner filed the instant application seeking reopening of the case and for permission to examine DW-1 further. The said application having been opposed by the - 3 - HC-KAR NC: 2026:KHC:4373 WP No. 30614 of 2025 respondent, the Trial Court proceeded to pass the impugned order rejecting the application only on the ground that the matter having been set down for judgment, the petitioner-defendant cannot be permitted to seek reopening of the case. In my considered opinion, the impugned order is contrary to the judgment of the Apex Court in the case of K.K. Velusamy Vs. N. Palanisamy - (2011) 11 SCC 275, wherein it is held that though the matter is posted for pronouncement of judgment, Courts have inherent powers to permit parties to adduce further evidence. 4. Under these circumstances, in order to provide one more opportunity, justice oriented approach, set aside the impugned order and allow the applications, I.A.Nos.8 and 9 by imposing certain conditions upon the petitioner. 5. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 25.09.2025 passed on I.A.Nos.8 and 9 in O.S.No.489/2015 by the Principal Civil Judge and JMFC, Hunsur, is hereby set aside. - 4 - HC-KAR NC: 2026:KHC:4373 WP No. 30614 of 2025 (iii) Consequently, I.A.Nos.8 and 9 filed by the petitioner-defendant stand allowed subject to the condition that the petitioner shall adduce further evidence of DW-1 on the next date of hearing of the suit before the Trial Court, without seeking any adjournment, under any circumstances, whatsoever. (iv) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 52