IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

WRIT PETITION NO. 3152 OF 2020 (GM-CPC)

BETWEEN:

1. GOVINDAPPA

S/O LATE VENKATRAYAPPA

SINCE DEAD BY LR'S

1(A). G. MANJUNATHA S/O LATE GOVINDAPPA AGED ABOUT 58 YEARS

1(B). G. SRINIVASA

S/O LATE GOVINDAPPA AGED ABOUT 45 YEARS 1(C). G. RAMANJININ

Digitally signed

S/O LATE GOVINDAPPA

by

SHARADAVANI AGED ABOUT 58 YEARS

B

Location: High PETITIONERS 1(A TO C) ARE

Court of

Karnataka R/AT T. AGRAHARA VILLAGE

CHANNARAYAPATTANA HOBLI

DEVANAHALLI TALUK - 562 110

BANGALORE RURAL DISTRICT.

1(D). SMT. GAYATHRAMMA

W/O B.R. NATESH

D/O LATE GOVIDAPPA

AGED ABOUT 51 YEARS NAYANAHALLI VILLAGE

NANDI HOBLI CHICKBALLAPUR TALUK - 562 101 CHICKBALLAPUR DISTRICT.

1(E). SMT. SHOBHA G W/O B.V. VENKATESH D/O LATE GOVINDAPPA AGED ABOUT 48 YEARS THAMMANAYAKANAHALLI VILLAGE JATHAVARA POST, NADI HOBLI CHICKBALLAPUR TALUK - 562 101 CHICKBALLAPUR DISTRICT.

…PETITIONER (BY SRI. S.A. SUDHINDRA, ADVOCATE)

AND:

1. SRI. RANGAPPA S/O LATE RAMAIAH @ KUNTI RAMAIAH AGED ABOUT 56 YEARS

2. SRI. THAIMMAIAH AGED ABOUT 61 YEARS (DEAD BY LRS)

2(A). SMT. LAKSHMAMMA W/O LATE THIMMAIAH AGED ABOUT 70 YEARS

2(B). SRI. SRINIVASA T S/O LATE THIMMAIAH AGED ABOUT 53 YEARS

2(C). SMT. NAGARATHNAMMA D/O LATE THIMMAIAH W/O VENKATARAMAIAH AGED ABOUT 50 YEARS

2(D). SMT. JAYALAKSHMI D/O LATE THIMMAIAH AGED ABOUT 45 YEARS

2(E). SRI. T VENKATESH D/O LATE THIMMAIAH AGED ABOUT 45 YEARS ALL ARE RESIDING AT NAYANAHALLI BILLAGE, NANDI HOBLI CHICKBALLAPUR TALUK AND DISTRICT - 562 101.

3. SMT. T NAGARAHTNAMMA W/O VENKATARAMAIAH AGED ABOUT 49 YEARS ALL ARE RESIDING AT NAYANAHALLI BILLAGE, NANDI HOBLI CHICKBALLAPUR TALUK AND DISTRICT - 562 101.

…RESPONDENTS (BY SRI. KARTHIK B.Y, ADVOCATE FOR R2(C); R1, R2(A), R2(B), R2(D), R2(E), R3 - SERVED)

THIS W.P IS FILED UNDER ARTCLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER VIDE ANNEXURE-K DATED 21.1.2020 PASSED IN O.S.NO.639/2010 ON THE FILE OF THE PRL CIVIL JUDGE AND CJM, CHICKMAGALURU ON IA U/S 151 OF CPC TO RE-OPEN THE CASE AND IA U/O 18 RULE 17 R/W SECTION 151 OF CPC TO RECALL THE ORDER AND PERMIT THE PETITIONER PLAINTIFF ADDUCE EVIDENCE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

The plaintiff is before this court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 21.01.2020 passed on applications filed on behalf of the plaintiff under Order XVIII Rule 17 read with Section 151 of CPC and under Section 151 of CPC in O.S.No.639/2010 by the Court of Prl. Civil Judge and CJM, Chickballapur.

2. Heard the learned counsel appearing for the parties.

3. The suit in O.S.No.639/2010 is filed by the petitioner herein before the jurisdictional civil court at Chickballapur seeking the relief of declaration of title and consequential relief of permanent injunction. In the said suit, the contesting defendants have filed their written statement and opposed the suit claim. When the suit was at the stage of addressing the final arguments, four applications were filed on behalf of the plaintiff. Application under Section 151 of CPC was filed with a prayer to reopen the stage of the case, application under Order XVIII Rule 17 of CPC read with Section 151 of CPC was filed with a prayer to recall P.W.1 for further examination- in-chief, application under Order VII Rule 14(A) read with Section 151 of CPC was filed with a prayer to permit the plaintiff to produce five additional documents and another application under Order XVI Rule 1 and 2 read with Section 151 of the CPC was filed to permit the plaintiff to file a list of witnesses whom the plaintiff intends to examine.

4. Objections were filed on behalf of the contesting defendants to the aforesaid applications.

5. The Trial Court, vide the order impugned, has rejected only two application which were filed under Section 151 of CPC and under