Shri. D. a. Jayarame Gowda Vs Shri. Niroop. D.J.

SMT.M.J.DAKSHAYINI W/O. SHRI JAYARAME GOWDA D.A. AGED ABOUT 70 YEARS R/AT DODDAMAGARAVALLI VILLAGE ALDUR HOBLI CHIKKAMAGALURU TALUK AND DISTRICT KARNATAKA-577101

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SMT.D.J.VANI W/O SRI I.G.SATHISH AGED ABOUT 43 YEARS R/AT GAVIKOOL, KABBINAHALLI POST CHIKKAMAGALURU - 577 101

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SMT.D.J.VEENA W/O SRI KALLESH AGED ABOUT 41 YEARS R/AT MAKONAHAALI POST MUDIGERE TALUK CHIKKAMAGALURU - 577 132

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SRI G.T.GOUTHAM S/O. SRI THAMANNAGOWDA D.A. AGED ABOUT 43 YEARS R/AT DODDAMAGARAVALLI ESTATE & VILLAGE HANGARAVALLI POST - 577 111

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SRI SRI H.D.MOHANA S/O. SRI DEVEGOWDA AGED ABOUT 54 YEARS R/AT HALYUR VILLAGE ADLUR POST CHIKKAMAGALUR - 577 111

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…RESPONDENTS

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(BY SRI. SWAROOP S., ADVOCATE For R1 SRI HEMANTH KUMAR.K., ADVOCATE FOR R3 & R4 R2, R5, R6 ARE SERVED)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 09-09-2025 PASSED ON I.A. NO. 35 U/S 151 OF C.P.C. AND IA NO.36 U/O 18 RULE 17 R/W SEC. 151 OF C.P.C. FILED BY THE PETITIONER/DEFENDANT NO. 1 SEEKING FURTHER CROSS-EXAMINATION OF PW-1 AND ETT5C.,

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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.R.KRISHNA KUMAR

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ORAL ORDER

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This petition by defendant No.1 in O.S.No.57/2011 on the file of the II Addl. Senior Civil Judge-CJM, Chikkmagalur is directed against the impugned order dated 09.09.2025, whereby the applications I.A.No.35 filed under Section 151 of CPC and I.A.No.36 filed under Order XVIII Rule 17 r/w 151 CPC by the petitioner/defendant No.1 to reopen the case and to recall PW1 for further cross-examine were rejected by the trial Court.

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Heard learned counsel for the petitioner and learned counsel for respondent No.1 and learned counsel for respondent Nos.3 and 4 and perused the material on record.

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A perusal of the material on record will indicate that in the aforesaid suit filed by respondent No.1/plaintiff against the petitioner/defendant No.1 and other defendants for partition and separate possession of his alleged share in the suit schedule immovable properties and other reliefs, the plaintiff examined himself as PW.1 and was partly crossexamined by defendant No.1. Subsequently, the

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petitioner/defendant No.1 filed the instant application seeking recalling of PW.1 for further cross-examination by filing the instant applications, which were rejected by the trial Court.

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However, having regard to the fact that the valuable proprietary and possessory rights of the parties are involved in the suit, which is one for partition and separate possession and in order to provide one more opportunity to the petitioner, I deemed it just and appropriate to adopt a justice oriented approach and set aside the impugned order and allow I.A.Nos.35 and 36 by imposing certain conditions.

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In the result, the following:

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ORDER

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i) The petition is hereby allowed .

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ii) The impugned order dated 09.09.2025 passed I.A.Nos.35 and 36 in O.S.No.57/2011 by Principal Senior Civil Judge-CJM Court, Chikkmagalur is hereby set aside.

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iii) I.A.No.35 and 36 are hereby allowed subject to the condition that the petitioner completes the further cross-examination of PW.1, if he is present before the trial Court on 17.02.2026 or

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any other date to be fixed by the trial Court without seeking any adjournment under any circumstances whatsoever.

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iv) The trial Court is directed to dispose of the suit as expeditiously as possible.

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v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits/on the merits/demerits of the rival contentions.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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VM

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List No.: 1 Sl No.: 45

Shri. D. a. Jayarame Gowda v. Shri. Niroop. D.J.

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Shri. D. a. Jayarame Gowda v. Shri. Niroop. D.J.

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