SMT.RAMAKKA v. SRI.B.R.SIDDARAMU

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10934 OF 2026 (GM-CPC) BETWEEN: SMT.RAMAKKA WIFE OF LATE. CHANNA THIMMAIAH AGED ABOUT 77 YEARS OCC: HOUSE WIFE AND AGRICULTURE R/AT MANDIGERE VILLAGE MANDIGERE POST, KASABA HOBLI NELAMANGALA TALUK. (BY SRI. CHANDRA SHEKAR R., ADVOCATE) …PETITIONER AND: SRI.B.R.SIDDARAMU S/O RAMAIAH AGED ABOUT 58 YEARS OCCUPATION BUSINESS RESIDING AT BETTAHALLI VILLAGE KASABA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO. 1704/2009 ON THE FILE OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE AT NELAMANGALA AND ISSUE A WRIT OF CERTIORARI OR SUCH OTHER DIRECTION OR ORDER QUASHING THE ORDER DATED 10.03.2026/11.03.2026 PASSED BY THE COURT OF FIRST ADDITIONAL SENIOR CIVIL JUDGE AT NELAMANGALA IN O.S.NO. 1704/2009, ETC. DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - NC: 2026:KHC:19367 WP No. 10934 of 2026 HC-KAR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 11.03.2026 passed by the I Additional Senior Civil Judge, Nelamangala (hereinafter referred to as “the trial Court”) on I.A. Nos. XXII and XXIII in O.S.No. 1704/2009. By the said order, the application filed under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short, “CPC”), seeking to recall the order dated 28.05.2018 by re-opening the cross- examination of DW1, has been dismissed.

The plaintiff had instituted O.S.No.1704/2009 seeking the relief of declaration. Upon service of summons, the defendant entered appearance and filed the written statement. Based on the pleadings of the parties, the trial Court framed the necessary issues. - 3 - NC: 2026:KHC:19367 WP No. 10934 of 2026 HC-KAR

The plaintiff led evidence, and thereafter the defendant’s evidence was closed on 28.05.2018. When the matter was posted for arguments, the present applications came to be filed seeking recall of evidence.

On consideration, this Court finds that there is no error, illegality, or material irregularity in the order passed by the trial Court warranting interference under Article 227 of the Constitution of India.

The writ petition, being devoid of merit, is accordingly dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 48