IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

WRIT PETITION NO. 15387 OF 2023 (GM-CPC)

BETWEEN:

1. MR. D. CHETHAN KUMAR

AGED ABOUT 37 YEARS

S/O LATE DEVARAJEGOWDA

RESIDENTS OF BYRAPURA

KASABA HOBLI, ALUR TALUK HASSAN DISTRICT - 573 218.

2. SMT. H.D. SUSHEELAMMA

AGED ABOUT 57 YEARS

W/O LATE DEVARAJEGOWDA

RESIDENTS OF BYRAPURA

KASABA HOBLI, ALUR TALUK HASSAN DISTRICT - 573 218.

…PETITIONERS

(BY SRI B.M. MOHAN KUMAR, ADV.)

Digitally signed AND:

by NANDINI M

S

1. SMT. SAVITHRAMMA

Location: H IGH

COURT OF W/O SRI DASEGOWDA

KARNATAKA AGED ABOUT 65 YEARS

HOTHANAHALLYPURA

KUNDURU HOBLI, ALUR TALUK

HASSAN DISTRICT - 573 218.

2. SMT. SUNANDA

W/O RAMESH

AGED ABOUT 42 YEARS

KABBATTHI, KATTAYA HOBLI

HASSAN TALUK AND DISTRICT - 573 210.

3. UDAY KUMAR

S/O KALASEGOWDA

AGED ABOUT 40 YEARS NAYAKARAHALLI, KATTAYA HOBLI HASSAN TALUK AND DISTRICT - 573 210.

4. SRIDHAR N.K S/O KALASEGOWDA AGED ABOUT 35 YEARS NAYAKARAHALLI KATTAYA HOBLI HASSAN TALUK AND DISTRICT - 573 210.

…RESPONDENTS (BY SRI NARENDRA BABU B.K, ADV.)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DTD 18.04.2023 PASSED IN OS NO. 05/2012 VIDE ANNX-G BY THE HONBLE COURT OF THE CIVIL JUDGE AND JMFC AT ALUR THE IA NO. XXX UNDER SECTION 151 OF CPC AND IA NO. XXXI UNDER ORDER XVIII RULE 17 OF CPC FOR SEEKING TO REOPEN THE CASE AND RE CALLED PW1 FOR FURTHER CROSS EXAMINATION FILED BY THE DEFENDANTS / PETITIONERS DTD 16.01.2023 PRODUCED AT ANNX-D AND E PRAYER FOR.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Defendant nos.1 & 2 are 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 18.04.2023 passed on IA.nos.30 & 31 filed under Section 151 CPC and under Order XVIII Rule 17 of CPC, respectively, in O.S.No.5/2012 by the Court of Civil Judge & JMFC, Alur.

2. Heard the learned Counsel for the parties.

3. Suit in O.S.No.5/2012 is filed by the respondents herein before the jurisdictional Civil Court at Alur in Hassan District, seeking the relief of declaration, possession and permanent injunction.

4. In the said suit, defendant nos.1 & 2 have filed written statement and have opposed the suit claim.

5. When the suit was at the stage of defendants' evidence, IA.nos.30 & 31 were filed by the defendants with prayer to re- open the stage of the case and recall PW-1 for his further cross-examination.

6. Applications filed on behalf of the defendants was opposed by the plaintiff by filing objections.

7. The Trial Court vide the order impugned, has rejected the said applications viz., IA.nos.30 & 31. Aggrieved by the same, defendant nos.1 & 2 are before this Court.

8. Learned Counsel for the petitioners having reiterated the grounds urged in the petition, submits that if an opportunity to further cross-examine PW-1 is not granted to the defendants, the case of the defendants is likely to be prejudiced. On the other hand, no prejudice would caused to the plaintiffs and the hardship caused to them can be compensated monetarily.

9. Per contra, learned Counsel for the plaintiffs/respondents has argued in support of the impugned order. He submits that the Trial Court having referred to the judgment in the case of RAMRATI VS MANGE RAM (DEAD BY LRS) - (2016)11 SCC 296, has rightly rejected IA.nos.30 & 31. PW-1 has been extensively cross-examined by the defendants. Accordingly, he prays to dismiss the petition.

10. The plaintiffs have sought for the relief of declaration, possession and permanent injunction in the present suit. The suit schedule property is land measuring 4 acres situated at Alur village in Hassan District.

11. During the course of trial, plaintiff no.2 - Savithramma has been examined as PW-1. After she was cross-examined by the defendants, additional affidavit was filed in lieu of further examinat