- 1 - NC: 2025:KHC:7878 WP No. 4570 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4570 OF 2025 (GM-RES) BETWEEN: SRI. SHIVAMADHU S/O KEMPANNA, AGED ABOUT 41 YEARS, R/O BANNIKUPPE VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT. …PETITIONER (BY SRI. CHANDAN B.K, ADVOCATE) AND: SRI. H.N RAMESH S/O LATE NARAYANA, AGED ABOUT 52 YEARS R/AT NO.53, NEAR KRISHNASWAMY TEMPLE FORT, HAROHALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT …RESPONDENT THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD. 05.10.2024 PASSED BY THE LEARNED SENIOR CIVIL JUDGE, KANAKAPURA TO SET ASIDE IN C.C.NO. 1554/2022. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:7878 WP No. 4570 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "(a) ISSUE a Writ of MANDAMUS setting aside the impugned order dated 05.10.2024, passed by the learned Senior Civil Judge, Kanakapura, to set-aside in C.C.No.1554/2022; and (b) ISSUE any other appropriate Writ, Order or Directions as this Honb'e Court deems fit under the facts and circumstances of the case, in the interest of justice and equity." 2. After arguing the matter for some time, learned counsel for the petitioner submits that the trial Court has posted the matter in C.C.No.1554/2024 in which the petitioner has not cross-examined PW.1-respondent-complainant. It is, therefore, submitted that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to file an application under Section 311 of Cr.P.C., which may be directed to be considered by the trial Court in accordance with law. Submission is placed on record. 3. Accordingly, the petition is disposed of as withdrawn reserving liberty in favour of the petitioner to file an - 3 - NC: 2025:KHC:7878 WP No. 4570 of 2025 application before the trial Court under Section 311 of Cr.P.C. If such an application is filed by the petitioner, the trial Court shall consider and pass appropriate orders in accordance with law. 4. Liberty is reserved in favour of the petitioner to seek preponement/advancement of the case so as to enable the petitioner to file such an application. Subject to the aforesaid direction and liberty reserved in favour of the petitioner, the petition stands disposed of. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 93