- 1 - HC-KAR NC: 2025:KHC:19480 WP No. 25853 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 25853 OF 2019 (GM-CPC) BETWEEN: SRI CHANDRA SHETTY S/O SIDDASHETTY, AGED ABOUT 69 YEARS R/AT KANNUGUPE VILLAGE ANUGHATTA POST, AREHALLI HOBLI, BELUR TALUK PIN – 573101. PETITIONER (BY SRI. ROOPESHA B.,ADVOCATE) AND: 1. AS NAGARAJU, S/O SIDDEGOWDA, AGED ABOUT 47 YEARS, R/AT ANUGHTTA VILLAGE, AREHALLI HOBLI, BELUR TALUK, PIN – 573101. 2. SMT GANGAMMA, W/O CHANDRA SHETY AGED ABOUT 59 YEARS 3. KS JAYARAM, S/O SAGAN SHETTY, AGED ABOUT 55 YEARS, RESPONDENT NO.2 AND 3 ARE RESIDING AT KANNUGUPE VILLAGE, ANUGHATTA POST, AREHALLI HOBLI, BELUR TALUK, PIN – 573101. 4. TEJA, S/O CHANDRA SHETTY, Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19480 WP No. 25853 of 2019 AGED ABOUT 34 YEARS, ANUGHATTA VILLAGE, PRESENTLY RESIDING AT NO 22, KUMARA PARK, 9TH CROSS, SHESHADRIPURAM, BENGALURU- 560020. RESPONDENTS (BY SRI. DG CHANNAPPA GOWDA.,ADVOCATE FOR R1; R2 AND 3 ARE SERVED AND UNREPRESENTED.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.94/2010 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC, BELUR AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B- GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed by defendant No.1 calling in question the order dated 10.06.2019 rejecting IA.Nos.10 and 11 in OS.No.94/2010 passed by the Civil Judge (Jr.Dvn) and JMFC, Belur1. 2. The relevant facts in a nutshell leading to the present writ petition are that respondent No.1/plaintiff instituted a suit in OS.No.94/2010 for specific performance of the agreement of sale dated 05.09.2009 executed by defendant No.1. Defendant No.2 is the wife of defendant No.1 and 1 Hereinafter referred as to ‘Trial Court’ - 3 - HC-KAR NC: 2025:KHC:19480 WP No. 25853 of 2019 defendant No.4 is their son. Defendant No.3 is a subsequent purchaser claiming to under defendant No.1. The defendants have contested the suit. Defendant No.3 examined DW.3 who is allegedly a witness to the agreement. The plaintiffs cross- examined DW.3. Subsequently, defendant No.1 filed IA.Nos.10 and 11 to reopen the case and recall DW.3 for cross- examination. The Trial Court vide order dated 10.06.2019 dismissed the applications. Being aggrieved, the present writ petition is filed. 3. Heard submissions of learned counsel Sri.B Roopesha appearing for the petitioner/defendant No.1 and learned counsel Sri. DG Chinnappa Gowda appearing for respondent No.1/plaintiff. 4. It is forthcoming that DW.3 was examined by defendant No.3. Admittedly, defendant No.1 has not cross- examined DW.3. 5. The Trial Court while considering the application has noticed that in the cross-examination various statements have been made by DW.3 which are contrary to his examination-in- chief. - 4 - HC-KAR NC: 2025:KHC:19480 WP No. 25853 of 2019 6. It is the contention of petitioner/defendant No.1 that the statements made by DW.3 in the cross-examination are detrimental to the interest of petitioner/defendant No.1. 7. In view of the aforementioned, and since valuable rights of parties are required to be adjudicated in the suit, it is just and proper that petitioner/defendant No.1 be afforded with an opportunity to cross-examine DW.3, on certain terms. 8. Hence, the following: ORDER i. The writ petition is allowed; ii. The order dated 10.06.2019 dismissing IA.Nos.10 and 11 in OS.No.94/2010 by the Civil Judge (Jr.Dvn) and JMFC, Belur is set aside; iii. IA.Nos.10 and 11 filed by defendant No.1 in OS.No.94/2010 on the file of the Civil Judge (Jr.Dvn) and JMFC, Belur is allowed, subject to defendant No.1 paying cost of `5,000/- to respondent No.1/plaintiff on the next date of hearing before the Trial Court and subject to further condition that defendant No.1 shall cross- examined DW.3 on the date fixed by the Trial Court for the said purpose; - 5 - HC-KAR NC: 2025:KHC:19480 WP No. 25853 of 2019 iv. In the event defendant No.1 does not fulfill the conditions has ordered above, defendant No.1 shall loose the benefit of this order; v. The Trial Court shall conduct further proceedings in accordance with law. Sd/- (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 54