Dismissed¶38

Smt Sumitra v. Sri N Shekharappa

Karnataka HC23 Apr 2026WP/11210/2026

Case brief

AI extract

What is this about?

Recall of witness; Order XVIII Rule 17 read with Section 151 CPC; reopening of case; Section 151 CPC; specific performance suit O.S. No. 266/2024; III Additional Civil Judge and JMFC Bhadravathi; Article 227 certiorari; GM-CPC; WP No. 11210 of 2026; Karnataka High Court; NC 2026:KHC:22338.

What did the court decide?

None to the petitioners; writ petition dismissed with directions that PW1 be present before the trial court on the next date of hearing, cross-examination by Defendant No. 1 be concluded by the end of April 2026, and the suit be disposed of as expeditiously as possible, preferably within one year from the date of receipt of a certified copy of this order. ¶38

Smt Sumitra Vs Sri N Shekharappa — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:22338 WP No. 11210 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11210 OF 2026 (GM-CPC)

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BETWEEN:

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SMT SUMITRA W/O LATE K.S. SURESH AGED ABOUT 52 YEARS 1^ST CROSS, HONGIRANABADAVANE SOMINAKOPPA ROAD SHIVAMOGGA-577201 PRESENTLY R/AT VIJAYA NILAYA NO. 554, 6TH CROSS HAVANUR EXTENSION BAGALKUNTE ROAD BENGALURU 560073.

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Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

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SMT. ROOPA W/O SHIVAKUMAR AGED ABOUT 26 YEARS 1^ST CROSS, HONGIRANA BADAVANE SOMINAKOPPA ROAD SHIVAMOGGA-577201 PRESENTLY R/AT NO. 440/2 PANCHAKSHARI NAGAR 1ST CROSS, GADAGA KARNATAKA-582101.

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MS. RAKSHA D/O LATE K.S. SURESH AGED ABOUT 25 YEARS 1^ST CROSS, HONGIRANA BADAVANE SOMINAKOPPA ROAD SHIVAMOGGA-577201 PRESENTLY R/AT VIJAYA NILAYA NO. 554, 6TH CROSS

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2 - NC: 2026:KHC:22338 WP No. 11210 of 2026

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HC-KAR

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HAVANUR EXTENSION BAGALKUNTE ROAD BENGALURU-560073.

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&PETITIONERS

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(BY SRI. NISHANTH S K., ADVOCATE)

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AND:

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SRI N SHEKHARAPPA S/O NANJAPPA AGED ABOUT 74 YEARS

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SMT. SUSHEELAMMA W/O N. SHEKHARAPPA AGED ABOUT 69 YEARS

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SRI. S. MANJUNATH S/O N. SHEKHARAPPA AGED ABOUT 40 YEARS

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R1 TO R3 ARE R/AT HOLEHONNURHOBLI MARUTHI NAGARA SANYASI KODUMAGGE BHADRAVATHI TALUK KARNATAKA-577227.

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SMT. BHARATHI W/O VEERABHADRAYYA AGED ABOUT 33 YEARS R/O VASANA VILLAGE HARIHARA TALUK KARNATAKA 577516

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&RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT AND SET ASIDE THE IMPUGNED ORDER DATED 24.03.2026 IN IA NO. VI AND VII IN OS NO. 266/2024 PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC, BHADRAVATHI, (PRODUCED AS ANNEXUREA) AND ETC.

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3 - NC: 2026:KHC:22338 WP No. 11210 of 2026

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HC-KAR

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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 H.T. NARENDRA PRASAD

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ORAL ORDER

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This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, challenging the order dated 24.03.2026 passed on I.A. Nos. VI and VII in O.S. No. 266/2024 by the III Additional Civil Judge and JMFC, Bhadravathi (hereinafter referred to as the 8trial court9), whereby the trial court allowed I.A. No. VI filed by defendant No. 1 under Section 151 of the Code of Civil Procedure (for short, 8CPC9) for reopening the case and I.A. No. VII filed under Order XVIII Rule 17 read with Section 151 of the CPC for recalling PW1 for the purpose of cross-examination.

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For the sake of convenience, the parties are referred to as per their ranking before the trial court.

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The plaintiffs filed a suit in O.S.No.266/2024 seeking specific performance of a contract. Upon service of

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4 - NC: 2026:KHC:22338 WP No. 11210 of 2026

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HC-KAR

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summons, the defendants appeared through counsel and filed their written statement. Based on the pleadings, the trial court framed the issues, and thereafter the matter was set down for evidence. PW1 completed her evidence. Subsequently, defendant No.1 filed I.A.Nos.VI and VII seeking reopening of the case and recall of PW1. The said applications came to be allowed by the trial court. Aggrieved by the same, the plaintiffs have approached this Court.

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Since the evidence of PW1 had been closed and the evidence on behalf of the defendants had not yet commenced, the trial court, upon considering the reasons stated in the applications, was justified in allowing I.A. Nos. VI and VII filed by defendant No. 1 and in permitting recall of PW1 for the purpose of cross-examination. This Court finds no error or illegality in the order passed by the trial court.

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Accordingly, the writ petition stands dismissed.

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NC: 2026:KHC:22338 WP No. 11210 of 2026

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HC-KAR

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It is made clear that PW1 shall be present before

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the trial court on the next date of hearing. Defendant No. 1 shall conclude the cross-examination on the said date; if it is not possible, the trial court shall fix a date within April 2026. In any event, the cross-examination of PW1 shall be

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concluded by the end of April 2026. The trial court is further directed to dispose of the suit as expeditiously as possible, preferably within one year from the date of receipt of a certified copy of this order.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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CM LIST NO.: 1 SL NO.: 55

Smt Sumitra v. Sri N Shekharappa

Case brief

What is this about?

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Smt Sumitra v. Sri N Shekharappa

Case brief

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