- 1 - NC: 2025:KHC:9057 WP No. 6204 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6204 OF 2025 (GM-CPC) BETWEEN: SRI Y H ANAND S/O P. HANUMAPPA REDDY AGED ABOUT 54 YEARS R/AT NO.1/1, 3RD CROSS ANJENEYA TEMPLE STREET YEDIYUR, JAYANAGAR, BANGALORE-560082. …PETITIONER (BY SRI. VIJAYA KUMAR K., ADVOCATE) AND: 1. SMT RAJALAKSHMI D/O LATE CHELUVAIAH AGED ABOUT 59 YEARS R/AT NO.15, 4TH CROSS 6TH MAIN, PAPAIAH GARDEN B.S.K. 3RD STAGE, BENGALURU-560085. 2. SRI. S.C.CHANDRASHEKAR S/O LATE CHELUVAIAH AGED ABOUT 68 YEARS R/AT NO.50, 5TH A MAIN OBALAPPA GARDEN, YEDIYUR JAYANAGAR, BENGALURU-560082. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9057 WP No. 6204 of 2025 3. SMT. S.C.SHARADA D/O LATE CHELUVAIAH AGED ABOUT 62 YEARS R/AT NO.956, 27TH A MAIN 9TH BLOCK JAYANAGAR BENGALURU-560082. 4. SMT. S.C.MANJULA D/O LATE CHELUVAIAH AGED ABOUT 65 YEARS R/AT NO.35/1, 5TH CROSS 7TH BLOCK WEST JAYANAGAR BANGALORE-560082. …RESPONDENTS (BY SRI. M.S. BHAGAWAT, SENIOR COUNSEL FOR SRI.PRASHANTH U.T., ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.865/2015 PENDING ON THE FILE OF THE XII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY (CCH-27), AND SET ASIDE THE ORDER DATED 21.02.2025 PASSED BY THE XII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY (CCH-27) IN DISMISSING IA NO.17 TO 19 FILED BY THE PETITIONER I.E. I.A NO.17 UNDER SECTION 151 OF CPC, I.A.NO.18, ORDER 18 RULE 17 READ WITH SECTION 151 OF CPC AND IA NO.19 ORDER 16 RULE 1 READ WITH SECTION 151 OF CPC, (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9057 WP No. 6204 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER The submission of the learned counsel for the petitioner regarding office objection is accepted. Office objection is over-ruled. 2. This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 21.02.2025 passed by the XII Additional City Civil and Sessions Judge, Bengaluru, dismissing IA Nos.XVII, XVIII and XIX filed by the plaintiff. 3. The petitioner/plaintiff filed a suit for declaration and possession. After service of summons, defendants appeared through counsel and filed the written statement. Thereafter, the plaintiff filed an application for amendment of the plaint, that has been allowed and the suit has been amended. After framing of the issues, parties have adduced evidence. When the matter was posted for arguments, plaintiff filed IA Nos. XVII, XVIII and XIX for re-opening the case to lead his further evidence, for - 4 - NC: 2025:KHC:9057 WP No. 6204 of 2025 recalling the order dated 19.06.2024 and seeking permission to file the witnesses list. The applications are filed only on the ground that the defendants have denied possession of the plaintiff even before he purchased the property by a registered sale deed dated 16.07.2012. Since the plaintiff wants to examine his vendor to prove that, as on the date of the sale, his vendor was in possession and he has handed-over the possession to the plaintiff on the day the sale deed was executed. The trial court dismissed the applications on the ground that examining the vendor of the plaintiff is not helpful for the plaintiff to prove his case and the matter is at the stage of arguments, there is no proper reason given to file such applications. 4. Be that as it may. The only grievance of the petitioner/plaintiff is that he wants to prove that the suit schedule property was in possession of his vendor as on the date of the purchase and therefore, he requires to examine his vendor. - 5 - NC: 2025:KHC:9057 WP No. 6204 of 2025 5. In view of the above, even though the matter is listed for orders, in the interest of justice, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 21.02.2025 passed on IA Nos. 17 to 19 in O.S.No.865/2021 by the XII Additional City Civil and Sessions Judge, Bengaluru is set aside. (iii) IA Nos. 17 to 19 filed by the plaintiff are allowed. (iv) The petitioner/plaintiff is permitted to examine his vendor as a witness on or before 10.03.2025 and if time permits, the defendants also cross-examine the witness on the same day or the next date to be fixed by the trial court. - 6 - NC: 2025:KHC:9057 WP No. 6204 of 2025 (v) Thereafter, after giving opportunity to both the parties, the trial court shall proceed with the matter. (vi) The petitioner/plaintiff shall not seek any adjournment, he has to complete his arguments on the date fixed by the trial court. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 42