- 1 - NC: 2025:KHC:15062 WP No. 2751 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2751 OF 2025 (GM-CPC) BETWEEN: SMT. KUSUMA KUMARI W/O LATE SRI. S. VENKATESHWARLU AGED ABOUT 71 YEARS REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER SRI. S. SRAVAN CHAITANYA S/O LATE. SRI. S. VENKATESWARLU AGED ABOUT 42 YEARS R/AT NO. 189/A, MLA COLONY ROAD NO.12, BANJARA HILLS HYDERABAD – 500034. …PETITIONER (BY SMT. NALINA MAYEGOWDA, SENIOR COUNSEL FOR SMT. ANUSHA B REDDY., ADVOCATE) AND: 1. SRI B G CHENNAPPA AGED ABOUT 72 YEARS 2. SRI. HARSHA VARDHAN AGED ABOUT 53 YEARS BOTH ARE RESIDING AT 17/2 ONKARNAGAR, GANEKAL VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK BANGALORE-560060. 3. DR. HAFEEZUR RAHMAN S/O LATE. A. ABDUL AZEEZ Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:15062 WP No. 2751 of 2025 AGED ABOUT 88 YEARS 4. SRI. SHAFEEQUR RAHMAN S/O LATE. A. ABDUL AZEEZ AGED ABOUT 82 YEARS R3 AND R4 ARE R/AT 599, MINA 2ND MAIN, TEACHER'S COLONY KORAMANGALA, BANGALORE-560034. 5. SRI. NAJEEBUR RAHMAN S/O LATE. A. ABDUL AZEEZ AGED ABOUT 74 YEARS R/AT OF AREHALLI VILLAGE BELUR TALUK, HASSAN-573101. 6. MRS. KAMARUNNISA D/O LATE. A. ABDUL AZEEZ W/O LATE ABDUL GANK AGED ABOUT 99 YEARS 7. SRI. FARHATH HAYATH D/O LATE. A. ABDUL AZEEZ W/O LATE. C.R. MOHD. HAYATH AGED 60 YEARS. R6 & R7 ARE R/AT AREHALLI VILLAGE BELUR TALUK, HASSAN-573101 REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER SRI. NAJEEBUR RHAMAN S/O LATE. A. ABDUL AZEEZ AGED ABOUT 74 YEARS R/AT AREHALLI VILLAGE, BELUR TALUK HASSAN-573101. 8. SRI. SYED AFROZ S/O LATE SYED GHOUSE AGED ABOUT 75 YEARS R/AT AREHALLI VILLAGE BELUR TALUK, HASSAN-573101. - 3 - NC: 2025:KHC:15062 WP No. 2751 of 2025 9. SRI. SYED SHERAZ S/O LATE SYED GHOUSE AND LATE. SMT. RAHAMATHUNNISA AGED ABOUT 75 YEARS. 10. SMT. SAIRA RAFATH D/O LATE SYED GHOUSE AND LATE. SMT. RAHAMATHUNNISA AGED ABOUT 59 YEARS R9 AND R10 ARE R/AT AREHALLI VILLAGE BELUR TALUK, HASSAN -573101. 11. SRI.K. GANESH BABU S/O LATE SRI. KRISHNAMURTHY AGED ABOUT 68 YEARS NO. 26/1-1, 'CHAITANYA', 2ND CROSS M.T. LAYOUT, 13TH CROSS BEHIND MES COLLEGE BENGALURU-560053 ALSO AT NO. 23, GROUND FLOOR MODEL LIC HOUSING COLONY BASAVESHWARANAGAR, BANGALORE-560079. 12. SMT.SHIVAMMA K W/O LATE MR. GURUSIDDAPPA AGED ABOUT MAJOR R/AT BHAVIHAL VILLAGE NARAGANAHALLI DAVANGERE-577534. …RESPONDENTS (BY SRI.ANGAD KAMATH., ADVOCATE FOR R11: NOTICE TO R1 TO R5 AND R8 TO R10 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 23.01.2025 TO THE EXTENT WHEREIN THE CROSS EXAMINATION OF R-11 (DEFENDANT NO.11) IS TAKEN AS NIL AND THE ARGUMENTS ON THE SIDE OF PETITIONER IS TAKEN AS HEARD, PASSED BY THE V ADDL. CITY AND CIVIL AND SESSIONS JUDGE, - 4 - NC: 2025:KHC:15062 WP No. 2751 of 2025 BENGALURU (CCCH-13) IN O.S.NO. 8729/2004 AS PER ANNEXURE-B AND ETC. 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 petition is filed by the plaintiff under Article 227 of the Constitution of India challenging the order dated 23.01.2025 passed by the V Additional City Civil and Sessions Judge, Bengaluru in O.S.No.8729/2004. 2. The plaintiff filed a suit for declaration and injunction. On service of summons, defendants appeared through counsel and filed the written statement. On the basis of the pleadings of the parties, the trial court framed the issues and the matter was posted for evidence of the defendant, the plaintiff sought for time. The said request has been rejected and examination of DW1 was taken as nil and arguments of the plaintiff and defendant was taken as heard. Be that as it may. - 5 - NC: 2025:KHC:15062 WP No. 2751 of 2025 3. In the interest of justice, I am of the opinion, to give one more opportunity to the parties, the order dated 23.01.2025 requires to be recalled. 4. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 23.01.2025 passed in O.S.No.8729/2004 by the V Additional City Civil and Sessions Judge, Bengaluru is set aside to the extent where cross-examination of DW1 (defendant No.11) was taken as nil and the argument of the petitioner/plaintiff was taken as heard. (iii) The parties are directed to proceed with the matter on the date fixed by the trial court, without seeking any further adjournment. (iv) All the contentions of the parties are kept open. - 6 - NC: 2025:KHC:15062 WP No. 2751 of 2025 (v) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 53