Karnataka High Court

WP/30202/2026 of SMT PUTTALINGAMMA Vs SMT LAKSHMAMMA on 25 September 2026

Cites 0, Cited by 0

CNR: KAHC010656932026 NC: 2026:KHC:53160 WP No. 30202 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 30202 OF 2026 (GM-CPC) BETWEEN: 1. SMT. PUTTALINGAMMA W/O LATE LINGAIAH, AGED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO. 30202 OF 2026 (GM-CPC)

BETWEEN:

1.

SMT. PUTTALINGAMMA

W/O LATE LINGAIAH,

AGED ABOUT 75 YEARS,

2.

SRI. PUTTASWAMY

S/O LATE LINGAIAH,

AGED ABOUT 58 YEARS,

BOTH ARE RESIDING AT.

MOTTEDODDI VILLAGE,

KAILANCHA HOBLI,

RAMANAGARA TALUK - 562 159.

3.

SMT. JAYARATHNAMMA

D/O LATE LINGAIAH,

W/O SHIVASHANKAR,

MAJOR,

AREKALDODDI VILLAGE,

MADDUR TALUK,

MANDYA DISTRICT - 571 125.

…PETITIONERS

(BY SRI. SUMUKH GOWDA M.J., ADVOCATE FOR

SRI. M.C. JAYAKIRTHI, ADVOCATE)

AND:

1.

SMT. LAKSHMAMMA

W/O LATE NAGEGOWDA,

AGED ABOUT 83 YEARS,

Digitally

signed by

VINUTHA B S

Location:

High Court of

Karnataka

HC-KAR

2.

SRI. RAJANNA

S/O LATE NAGEGOWDA,

AGED ABOUT 78 YEARS,

3.

SRI. JAYARAMU

S/O LATE NAGEGOWDA,

AGED ABOUT 73 YEARS,

ALL ARE RESIDING AT.

ARALALUSANDRA,

KASABA HOBLI,

KANAKAPURA TALUK,

BANGALORE SOUTH DISTRICT - 562 117.

4.

SMT. SARASWATHI

W/O RADHAKRISHNA T.D.,

D/O LATE NAGEGOWDA,

AGED ABOUT 71 YEARS,

R/AT THUNGANI VILLAGE,

KASABA HOBLI,

KANAKAPURA TALUK,

BANGALORE SOUTH DISTRICT - 562 117.

5.

SRI. SRINIVAS

S/O LATE NAGEGOWDA,

AGED ABOUT 69 YEARS,

R/AT ARALALUSANDRA,

KASABA HOBLI,

KANAKAPURA TALUK,

BANGALORE SOUTH DISTRICT - 571 428.

6.

SMT. THAYAMMA

W/O GOPI,

D/O LATE NAGEGOWDA,

AGED ABOUT 67 YEARS,

R/AT ACHELALU VILLAGE,

KAILANCHA HOBLI,

RAMANAGARA TALUK,

BANGALORE SOUTH DISTRICT - 562 159.

…RESPONDENTS

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE

ORDER DATED 24.08.2026 PASSED BY THE LEARNED COURT

OF 1ST ADDL. CIVIL JUDGE AND JMFC BANGALORE SOUTH

DISTRICT

AT

RAMANAGARA

ON

I.A.

NO.19

IN

O.S.

NO.204/1993,

PRODUCED

AS

ANNEXURE-A

AND

CONSEQUENTLY ALLOW THE APPLICATION I.A. NO.19 AS PER

ANNEXURE-A AND ETC,.

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORAL ORDER

This petition is filed impugning the order dated 24.08.2026 passed on I.A. No.19, whereby the application filed under Order XVIII Rule 17 of the Code of Civil Procedure, seeking to recall DW1 for the purpose of further cross- examination, has been rejected.

2. Learned counsel appearing for the petitioners submits that certain questions, based on the averments in the written statement, were not put to DW1, thereby necessitating the

HC-KAR

filing of the impugned application seeking an opportunity to further cross-examine DW1.

3. Considered the submissions made by learned counsel for the petitioners.

4. From a perusal of the application, it is stated that recall of DW1 is necessitated for putting certain questions to the witness. It is also submitted that the questions sought to be put to DW1 relate to the pleadings in the written statement. However, no reasons are assigned as to why such questions were not put to DW1 when an opportunity to cross-examine the witness was available. Moreover, the impugned application has been filed when the suit was set down for final arguments.

5. The Trial Court, in the impugned order, has observed that the suit is more than 30 years old, and that recalling DW1 for further cross-examination would further delay the disposal of the suit. Upon examination of the reasons stated in the affidavit accompanying the application, this Court is of the opinion that the suit is of the year 1993 and the impugned application would

HC-KAR

only further contribute to the delay in its disposal, which cannot be entertained. 5.1 Even if the questions sought to be put are based on the pleadings in the written statement, there is no reason as to why such questions were not put in the course of cross- examination of DW1. Recall of a witness cannot be permitted merely at the asking of a party unless justifiable grounds are made out. In the present case, no such grounds or sufficient cause are made out.

6. In that view of the matter, the Trial Court was justified in rejecting the application. Accordingly, the writ petition stands dismissed.

Sd/- (K. V. ARAVIND) JUDGE

DDU List No.: 1 Sl No.: 14

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead