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2025 DAILYLAW 21658 (KAR)

SMT. KAVYA v. KRISHNA PRASAD A R

WP/9990/2024 · 2025-03-27

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:13133 WP No. 9990 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9990 OF 2024 (GM-CPC) BETWEEN: SMT. KAVYA AGED ABOUT 39 YEARS, RESIDING AT NO. 712, 1ST MAIN ROAD, JAYANAGAR 8TH BLOCK, BENGALURU-560 082. PRESENTLY RESIDING AT NO.5053 HILO STREET, FREMONT, CALIFORNIA - 94538. REPRESENTED BY HER POWER OF ATTORNEY HOLDER, K.N. SUNITHA, AGED ABOUT 63 YEARS, RESIDING AT NO. 712, 1ST MAIN ROAD, JAYANAGAR 8TH BLOCK, BENGALURU – 560 082. …PETITIONER (BY SRI. K K VASANTH, ADVOCATE) AND: KRISHNA PRASAD A.R. AGED ABOUT 78 YEARS, RESIDING AT NO. 41, 1ST CROSS BSK, 3RD STAGE, 5TH BLOCK, BENGALURU – 560 085. …RESPONDENT (BY SRI.M S NARASIMHA, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 6.3.2024 PASSED IN IA NO. 13 AND 14 IN OS NO. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:13133 WP No. 9990 of 2024 4789 OF 2020 ON THE FILE OF THE XVII ADDL. CITY CIVIL AND SESSIONS JUDGE VIDE ANNEXURE-A 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 This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 06.03.2024 passed on IA Nos. 13 and 14 in O.S.No.4789/2020 by the XVII Additional City Civil and Sessions Judge, Bengaluru, whereby the said IAs. filed by the defendant for recalling the evidence of PW1 and recalling was allowed. 2. The learned counsel for the petitioner/plaintiff, at the outset, submits that she will not press the writ petition and she sought only a direction to the defendant to cross- examine PW1 on the next date of hearing, i.e., on 04.04.2025. On that day, PW1 will be present before the Court. 3. In view of the above, the following order is passed: - 3 - NC: 2025:KHC:13133 WP No. 9990 of 2024 (i) The writ petition is disposed of. (ii) The respondent/defendant is directed to further cross-examine PW1 on 04.04.2025 or further date to be fixed by the trial court, without seeking for adjournment. (iii) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 40