Allowed¶33

Sri. Rokkappa Gowda. R Aliais @ Babu. R (Babu) v. Smt. Kalpana. R

Karnataka HC28 Nov 2025WP/26776/2023

Case brief

AI extract

What is this about?

Keywords: Article 227; writ petition (GM-CPC); Section 151 CPC; reopening of case; Order XVIII Rule 17 CPC; recall of witness PW.1; cross-examination; O.S. No. 533/2020; V Addl. Civil Judge and JMFC Hassan; rejection of I.A. Nos. IV and V set aside; six-month timeline for disposal of suit; contesting plaintiff consented to relief; single-judge order dated 28.11.2025 by S Vishwajith Shetty.

What did the court decide?

Impugned common order dated 03.11.2023 on I.A.No.IV and I.A.No.V in O.S.No.533/2020 set aside; prayers in I.A.No.IV (reopening under Section 151 CPC) and I.A.No.V (recall of PW.1 under Order XVIII Rule 17 CPC) granted; Trial Court requested to dispose of the suit within six months of receipt of certified copy of the order. ¶33

Sri. Rokkappa Gowda. R Aliais @ Babu. R (Babu) Vs… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the common order dated 03.11.2023 of the Court of V Addl. Civil Judge and JMFC, Hassan rejecting I.A.No.IV (Section 151 CPC - reopening) and I.A.No.V (Order XVIII Rule 17 CPC - recall of PW.1 for cross-examination) in O.S.No.533/2020 ought to be quashed.

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Court's answer

Writ petition allowed; the impugned order dated 03.11.2023 passed on I.A.No.IV and V in O.S.No.533 of 2020 by the Court of V Addl. Civil Judge and JMFC, Hassan is set aside and, consequently, the prayers made in I.A.No.IV and I.A.No.V are granted.

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Ratio / Principle

Trial Court requested to expedite the trial and dispose of the suit (O.S.No.533/2020) on merits at the earliest, and in any event not later than six months from the date of receipt of certified copy of this order.

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Key takeaways

Pending interlocutory applications in the writ petition do not survive for consideration and stand disposed of.ratio¶36

Detailed headnote1 paragraphs

W.P. No. 26776 of 2023 (GM-CPC), High Court of Karnataka at Bengaluru, order dated 28.11.2025 (S Vishwajith Shetty, J.) - Petitioner, invoking Article 227 of the Constitution of India, sought quashing of the common order dated 03.11.2023 passed by the Court of V Addl. Civil Judge and JMFC, Hassan in O.S. No. 533/2020, whereby I.A. No. IV (under Section 151 CPC, to reopen the case) and I.A. No. V (under Order XVIII Rule 17 CPC, to recall PW.1 for cross-examination) were rejected. The contesting respondent/plaintiff raised no objection to the relief and sought time-bound disposal of the suit. The Court allowed the writ petition, set aside the impugned order, granted the prayers in I.A. Nos. IV and V, and requested the Trial Court to expedite the trial and dispose of the suit on merits not later than six months from receipt of certified copy of the order. Pending IAs were disposed of as not surviving for consideration.

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NC: 2025:KHC:49591 WP No. 26776 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 26776 OF 2023 (GM-CPC)

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BETWEEN:

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SRI ROKKAPPA GOWDA R ALIAIS @ BABU R (BABU) AGED ABOUT 50 YEARS S/O LATE M. RANGE GOWDA G.R.I. MAIN ROAD 6TH RIGHT CROSS ROAD UDAYGIRI, HASSAN PIN CODE - 573 210.

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…PETITIONER

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(BY SRI SATISH T.S, ADV.)

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AND:

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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SMT. KALPANA R AGED ABOUT 57 YEARS D/O LATE M. RANGE GOWDA W/O SRI. JAYRAM M.R ARISIKERE ROAD VINAYAKANAGARA KATTIHALLI LAYOUT HASSAN, PIN CODE - 573 210.

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SMT. R. RENUKA AGED ABOUT 55 YEARS D/O LATE M. RANGE GOWDA W/O SRI. B. B. NAGARAJU UDAYGIRI, HASSAN PIN CODE - 573 210.

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SMT. BHUVANESHWARI R AGED ABOUT 53 YEARS D/O LATE M. RANGE GOWDA W/O SRI B. SOMESH NAVANIDHI NILAYA NO.122, SRBM COLONY

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NC: 2025:KHC:49591 WP No. 26776 of 2023

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HC-KAR

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ARISIKERE ROAD HASSAN, PIN CODE - 573 210.

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…RESPONDENTS

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(BY MS. PAVANA B.K, ADV., FPR SRI PRATHEEP K.C, ADV., FOR R-1 TO R-3)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED COMMON ORDER DATED 03/11/2018 PASSED IN INTERIM APPLICATION UNDER I.A. NO. 4/2023 UNDER SECTION 151 AND I.A. NO. 5/2023 UNDER ORDER XVIII RULE 17 OF CIVIL PROCEDURE CODE IN O.S. NO. 533/2020, ON THE FILE OF THE LEARNED VTH ADDL. CITY CIVIL AND JMFC, HASSAN DISTRICT, AT ANNEXURE-A.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Learned counsel for the petitioner submits that I.A.No.IV was filed under Section 151 of CPC to reopen the case and I.A.No.V was filed under Order XVIII Rule 17 of CPC with a prayer to recall PW.1 for the purpose of enabling the defendant to cross-examine her. The Trial Court was not justified in rejecting I.A.No.IV and V.

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Learned counsel for the contesting respondents / plaintiffs submits that she has no objection to allow writ petition and grant relief sought for in I.A.No.IV and V. She submits since the suit is of the year 2020 the Trial Court may be directed to dispose of the suit within a time frame.

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The submission made on both sides placed on record.

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NC: 2025:KHC:49591 WP No. 26776 of 2023

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HC-KAR

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4. Accordingly, the following:-

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ORDER

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(i) Writ petition is allowed.

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(ii) The impugned order dated 03.11.2023 passed on I.A.No.IV and V in O.S.No.533 of 2020 by the Court of V Addl. Civil Judge and JMFC, Hassan is set aside. Consequently, the prayer made in I.A.IV and V is granted.

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(iii) Since the suit is of the year 2020 the Trial Court is requested to expedite the trial and dispose of the suit on merits at the earliest but not later than a period of six months from the date of receipt of certified copy of this order.

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Pending IAs' do not survive for consideration and accordingly, the same are disposed of.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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NMS

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List No.: 1 Sl No.: 18

Sri. Rokkappa Gowda. R Aliais @ Babu. R (Babu) v. Smt. Kalpana. R

Case brief

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Sri. Rokkappa Gowda. R Aliais @ Babu. R (Babu) v. Smt. Kalpana. R

Case brief

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