Dismissed¶36

Mr v. G P Babudas v Mr K Dhananjaya Naidu

Karnataka HC16 Apr 2026WP/12082/2026

Case brief

AI extract

What is this about?

WP No.12082 of 2026 (GM-CPC), High Court of Karnataka, decided 16.04.2026 by H.T. Narendra Prasad J. Keywords: Article 227; quash common order dated 10.04.2026; O.S.No.74/2020 specific performance; I Addl. Senior Civil Judge and CJM Mysuru; Section 151 CPC; Order XVIII Rule 17; re-open evidence; recall PW-1; further cross-examination; defer judgment; applications after arguments concluded; case posted for pronouncement of judgment; no cogent reasons; dismissal upheld; no interference.

What did the court decide?

The Trial Court rightly dismissed I.A.Nos.15, 16 and 17 having regard to the stage of the proceedings and the nature of the reliefs sought in the applications. ¶34

Mr v G P Babudas Vs Mr K Dhananjaya Naidu — Company and Corporate | Karnataka HC (2026)

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1 - NC: 2026:KHC:20877 WP No. 12082 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH 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.12082 OF 2026 (GM-CPC)

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BETWEEN:

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MR. V.G.P. BABUDAS AGED ABOUT 55 YEARS SON OF LATE V.G. PANEER DAS NO.87/16, 30^TH CROSS, 7^TH MAIN 4TH BLOCK, JAYANAGAR BANGALORE-560011.

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…PETITIONER

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(BY SRI. NISHAN G.K., ADVOCATE)

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AND:

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Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

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MR. K. DHANANJAYA NAIDU AGED ABOUT 54 YEARS SON OF LATE K. VARADAPPA NAIDU NO.574, 5^TH MAIN, 9^TH CROSS 3^RD PHASE, J.P. NAGAR BANGALORE-560078.

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M/S. PNB TECHWAVES (P) LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT NO.51 1^ST CROSS, 27^TH MAIN, 1^ST STAGE, BTM LAYOUT BANGALORE-560068 REPRESENTED BY ITS MANAGING DIRECTOR MR. V.G.P. BABUDAS.

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M/S. PNB REALTY LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE

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2 - NC: 2026:KHC:20877 WP No. 12082 of 2026

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HC-KAR

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AT NO.598, 15^TH CROSS, 35^TH MAIN 6^TH PHASE, J.P.NAGAR, BANGALORE -560078 REPRESENTED BY ITS MANAGING DIRECTOR MR. V.G.P. BABUDAS.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF HE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER DATED 10.04.2026 PASSED ON IA NO.15 UNDER SECTION 151 OF CPC, IA NO.16 UNDER ORDER XVIII RULE 17 READ WITH SECTION 151 OF CPC AND IA NO.17 UNDER SECTION 151 OF CPC FILED IN O.S. NO.74/2020 PENDING ON THE FILE OF THE COURT OF I ADDL. SENIOR CIVIL JUDGE AND CJM AT MYSURU (ANNEXURE-A) AND ETC.

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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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In this writ petition, the petitioner-defendant No.3

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has called in question order dated 10.04.2026 passed by the I Additional Senior Civil Judge and CJM, Mysuru, whereby I.A.No.15, I.A.No.16 and I.A.No.17 filed by defendant No.3 in O.S.No.74/2020 have been dismissed.

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For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit.

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3 - NC: 2026:KHC:20877 WP No. 12082 of 2026

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HC-KAR

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The plaintiff has filed O.S.No.74/2020 for specific performance of contract. On appearance of the parties, the defendants have filed written statement. On the basis of the pleadings of the parties, issues have been framed. The parties have adduced the evidence and the matter has been posted for arguments. After completion of the arguments, the defendant No.3 has filed I.A.No.15 under Section 151 of CPC for re-opening the evidence of PW-1 for further cross-examination; I.A.No.16 under Order 18 Rule 17 read with Section 151 of CPC to recall PW-1 and I.A.No.17 under Section 151 of CPC to defer the judgment. The Trial Court, by impugned order dated 10.04.2026 has dismissed the said applications. Aggrieved by the said order, the present writ petition is filed.

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It is not in dispute that the parties have already adduced their evidence and the same has been closed. The matter was thereafter posted for arguments, and the arguments were also concluded. As per the order sheet of the Trial Court, the case had been posted for

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4 - NC: 2026:KHC:20877 WP No. 12082 of 2026

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HC-KAR

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pronouncement of judgment. At that advanced stage of the proceedings, the aforesaid applications came to be

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filed without giving any cogent and satisfactory reasons.

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The Trial Court, having regard to the stage of the proceedings and the nature of the reliefs sought in the applications, has rightly dismissed the said applications.

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Viewed from any angle, there is no error or illegality in the impugned order passed by the Trial Court warranting interference by this Court.

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Accordingly, the writ petition is dismissed.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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List No.: 2 Sl No.: 1

Mr v. G P Babudas v Mr K Dhananjaya Naidu

Case brief

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What did the court decide?

Mr v. G P Babudas v Mr K Dhananjaya Naidu

Case brief

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