- 1 - NC: 2025:KHC:7437 WP No. 6641 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6641 OF 2024 (GM-CPC) BETWEEN: SRI K PRAVEEN S/O B K KRISHNAMURTHY AGED ABOUT 45 YEARS NO. 325, THIGALARA BEEDHI CORNER RAGAHVENDRA COLONY RAMANAGARA TOWN/DISTRICT - 562159. …PETITIONER (BY SRI. PRAKASH SHETTY S.,ADVOCATE) AND: 1. SMT. NIRMALA NAGARAJ W/O LATE DR B S NAGARAJ AGED ABOUT 70 YEARS 2. KUMARI ANUPAMA NAGARAJ D/O LATE DR B S NAGARAJ AGED ABOUT 44 YEARS BOTH ARE R/AT NO. 5231 PHOENIX, DR RAJAKUMAR ROAD RAJAJINAGAR,BENGALURU – 560010 …RESPONDENTS (BY SRI. RENUKARADHYA R D.,ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE COURT OF SENIOR CIVIL JUDGE AND CJM RAMANAGARA IN O.S.NO.111/2017. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7437 WP No. 6641 of 2024 QUASH ORDER ANNEXURE-H DATED: 10.01.2024 MADE IN I.A. DATED: 21.12.2023 IN O.S.NO.111/2017 PASSED BY THE COURT OF PRL. SENIOR CIVIL JDUGE AND CJM AT RAMANAGARA 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 1. This petition under Article 227 of the Constitution of India is filed by the petitioners-plaintiffs challenging the order dated 10.01.2024 passed by the Principal Senior Civil Judge & CJM, Ramanagara, on application filed by the defendant under Order XVIII Rule 17 read with Section 151 of CPC, in O.S.No.111/2017, whereby the Trial Court has dismissed the said application with cost. 2. The plaintiff filed the suit i.e., O.S.No.111/2017 directing the defendant to quit and deliver the vacant possession of the suit schedule property and to pay damages. On service of suit summons, the defendant appeared and filed written statement. On the basis of the pleadings, issues were framed and evidence of the parties was completed. When the matter was posted for - 3 - NC: 2025:KHC:7437 WP No. 6641 of 2024 judgment, the defendant has filed the application seeking to reopen the stage and recall PW-1 for further cross- examination. The Trial Court, by impugned order has dismissed the said application on the ground that the application is filed at a belated stage. Being aggrieved, the present petition is filed. 3. Heard the learned counsel for the parties and perused the writ papers. 4. Be that as it may. In the interest of justice and in order to give on more opportunity to the defendant, this Court is of the opinion that the said application is liable to be allowed. Accordingly, the following order is passed: ORDER a) Writ petition is allowed. b) The order dated 10.01.2024 passed by the Principal Senior Civil Judge & CJM, Ramanagara, on application filed by the defendant under Order XVIII Rule 17 read - 4 - NC: 2025:KHC:7437 WP No. 6641 of 2024 with Section 151 of CPC, in O.S.No.111/2017, is set aside. c) The application filed by the defendant under Order XVIII Rule 17 read with Section 151 of CPC, is allowed. d) PW-1 is directed to be present before the Trial Court on 07.03.2025. e) The defendant is directed to cross-examine the PW-1 on the said date without taking any further adjournment. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 37