- 1 - NC: 2025:KHC:12024 WP No. 6043 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6043 OF 2025 (GM-CPC) BETWEEN: SRI P CHANDRASHEKAR REDDY AGED ABOUT 77 YEARS S/O SRI P KRISHNA REDDY PROPRIETOR OF SRI LAKSHMI VENKATESHWARA TEMPO SERVICE SHOP NO.2 GROUND FLOOR DJMB 1ST CROSS 3RD MAIN ROAD CHAMARAJAPET, BANGALORE 560018. …PETITIONER (BY SRI. K. V. RAMESH KUMAR., ADVOCATE) AND: M/S B K MARIAPPA’S CHARITIES AT 3RD MAIN CHAMARAJAPET BANGALORE 560018 REP BY ITS MANAGING TRUSTEE SRI C RAJASHEKAR S/O LATE SRI CHIKKAVEERABHADRAPPA AGED ABOUT 79 YEARS. …RESPONDENT (BY SMT. SUKANYA BALIGA B., ADVOCATE ) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER DATED: 05.02.2025 PASSED ON Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12024 WP No. 6043 of 2025 THE APPLICATIONS FILED BY THE PETITIONER UNDER SEC. 151 OF CPC AND AN ANOTHER APPLICATION UNDER ORDER XVIII RULE 17 OF CPC IN S.C.NO. 133/2024 ON THE FILE OF THE VIII ADDL. JUDGE, SCCH-5 BANGALORE AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 defendant under Article 227 of the Constitution of India, challenging the order dated 05.02.2025 passed on the applications in S.C.No.133/2024 by the VIII Additional Judge, Small Causes Court, Bengaluru, whereby the applications filed by the defendant under Order 18 Rule 17 r/w. Section 151 of CPC were rejected. 2. The plaintiff filed a suit for ejectment. On appearance, defendant filed the written statement. On the basis of the pleadings of the parties, the trial court has framed the issues. Thereafter, the parties have adduced their evidence. The evidence of both the parties have been concluded. When the matter was posted for - 3 - NC: 2025:KHC:12024 WP No. 6043 of 2025 arguments, the present applications are filed to re-open the case and permit the cross-examination of PW1. The trial court dismissed the said applications since the same is filed at the stage of arguments. Be that as it may. 3. In the interest of justice, to give one more opportunity to the petitioner, the writ petition requires to be allowed. 4. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 05.02.2025 passed on the applications in S.C.No.133/2024 by the VIII Additional Judge, Court of Small Causes, Bengaluru is set aside. (iii) IAs filed by the defendant under Order 18 Rule 17 r/w. Section 151 of CPC are allowed. (iv) Since the matter is posted before the trial court tomorrow (22.03.2025), the learned counsel for the respondent/plaintiff agreed to keep PW1 present before - 4 - NC: 2025:KHC:12024 WP No. 6043 of 2025 the trial court tomorrow and the petitioner/defendant is directed to cross-examine PW2 and conclude the cross- examination tomorrow itself, without seeking for any further adjournment. (v) The petitioner/defendant shall not file any further application. (vi) The petitioner/defendant shall pay a cost of Rs.8,000/- to PW1 tomorrow itself. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 54