- 1 - HC-KAR NC: 2026:KHC:8496 WP No. 7436 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 7436 OF 2024 (GM-CPC) BETWEEN: B. B. PONNAPPA, S/O LATE BELLIAPPA, AGED ABOUT 76 YEARS, R/AT “ANUPAMA NILAYA”, GANAPATHY NAGAR, HALLIGATTU VILLAGE, P. O. PONNAMPET – 571 216 KODAGU DISTRICT …PETITIONER (BY SRI. M. SUDHAKAR PAI, ADVOCATE) AND: BALYAMIDERIRA A. BANU, S/O AIYAPPA, AGED ABOUT 50 YEARS, R/AT PORAD, BADAGARAKERI VILLAGE, P. O. BADAGARAKERI – 571 249 VIRAJPET TALUK PRESENTLY R/AT PONNAMPET, KODAGU DISTRICT …RESPONDENT (BY SRI. SACHIN B. S., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 02.03.2024 ON IA NO. VII AND VIII IN OS NO. 138/2016 ON THE FILE OF SENIOR CIVIL JUDGE, VIRAJPET, WHICH ORDER IS CONTAINED IN THE CERTIFIED COPY OF THE ORDER SHEET OF THE SUIT IN OS NO. 138/2016 (VIDE ANNEXURE-G TO THE WP) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8496 WP No. 7436 of 2024 THIS PETITION, COMING ON FOR FINAL HEARING, 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.138/2016 is directed against the impugned order dated 02.03.2024, whereby the applications I.A.Nos.7 and 8 filed by the petitioner-defendant under Order XVIII Rule 17 CPC and 151 CPC to recall DW-1 for further evidence and to reopen the case 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 the respondent-plaintiff instituted the aforesaid suit against the petitioner-defendant seeking damages in a sum of Rs.15,00,000/- and for other reliefs. The said suit is being contested by the petitioner-defendant. After completion of plaintiff's evidence, the defendant examined himself as DW-1 and one witness as DW-2, pursuant to which the matter was posted for final arguments, at which stage the petitioner filed the instant applications seeking reopening of the case and to recall DW-1 for further evidence. The - 3 - HC-KAR NC: 2026:KHC:8496 WP No. 7436 of 2024 said applications having been opposed by the plaintiff, the Trial Court proceeded to pass the impugned order rejecting the applications, aggrieved by which the petitioner is before this court by way of the present petition. 4. A perusal of the impugned order will indicate that the Trial Court has adopted a hyper technical approach in refusing to provide one more opportunity to the petitioner to adduce further evidence by recalling DW-1. In this context, it is relevant to state that having regard to the issues in controversy between the parties, it would be necessary to provide one more opportunity to the petitioner to adduce evidence. Accordingly, I deem it just and appropriate to adopt a justice-oriented approach and set aside the impugned order and allow the applications by issuing certain directions to the petitioner to adduce evidence on the next date of hearing of the suit before the Trial Court, without seeking any adjournment, under any circumstances, whatsoever. 5. In the result, I pass the following: (i) The petition is allowed. - 4 - HC-KAR NC: 2026:KHC:8496 WP No. 7436 of 2024 (ii) The impugned order dated 02.03.2024 passed on I.A.Nos.VII and VIII in O.S.No.138/2016 by the Senior Civil Judge, Virajpet, is hereby set aside. (iii) Consequently, I.A.Nos.VII and VIII are allowed, subject to the condition that the petitioner shall adduce the further evidence of DW-1 on the next date of hearing of the suit before the Trial Court, which stands posted on 27.02.2026, without seeking any adjournment, under any circumstances whatsoever. (iv) The Trial Court is directed to dispose of the suit as expeditiously as possible, and preferably within a period of six months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 4