- 1 - NC: 2025:KHC:106 WP No. 16588 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16588 OF 2024 (GM-CPC) BETWEEN: 1. SRI T K RAJAN S/O.LATE KUNHI PILLAI AGED ABOUT 75 YEARS R/AT FLAT NO 201, DEEPA PARADISE BATMATTA ROAD NEAR PRESTIGE HOTEL, MANGALURU DAKSHINA KANNADA DISTRICT - 575002 …PETITIONER (BY SRI. SACHIN K.NAIK, ADVOCATE FOR SRI RAJASHEKAR S., ADVOCATE) AND: 1. KARNATAKA URBAN INFRASTRSUCTURE AND FINANCE CORPORATION REGISTERED AS PUBLIC LIMITED COMPANY UNDER THE COMPANIES ACT 1956 AND ESTABLISHED IN NOVEMBER 1993 HAVING ITS OFFICE AT NO.3, DIVISION I KUIDFC KUDCEMP 2ND FLOOR, KADRIMARKET COMPLEX (OPP CANARA CLUB ) KADRI MANGALURU - 575002 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:106 WP No. 16588 of 2024 REPRESENTED HEREIN BY ITS EXECUTIVE ENGINEER …RESPONDENT (BY SRI. KAPIL DEV C ULLAL.,ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 25.04.2024 PASSED BY THE IV ADDL. DISTRICT JUDGE, MANGALURU ON THE APPLICATION FILED UNDER ORDER XVII RULES 1 AND 2 READ WITH SECTION 151 OF THE CPC IN COM. OS NO. 318/2020 AND ALSO THE ORDER DATED 27/04/2024 PASSED BY THE IV ADDL. DISTRICT JUDGE, MANGALURU ON THE APPLICATION IN IA NO. 14 FILED UNDER ORDER XVIII RULE 17 READ WITH SECTION 151 OF THE CPC IN COM. OS NO. 318/2020, CONSEQUENTLY RE-OPEN THE STAGE OF CROSS EXAMINATION OF PW.4 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 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 25.04.2024 passed by the IV Additional District Judge, Mangaluru under Order 17 Rules 1 and 2 r/w. Section 151 of CPC in O.S.No.318/2020, whereby the time sought for adjournment is refused and the cross- examination of PW4 was taken as nil and also another order, dated 27.04.2024 rejecting IA No.14. - 3 - NC: 2025:KHC:106 WP No. 16588 of 2024 2. The plaintiff has filed a suit for damages. When the matter was posted for cross-examination of PW4, the petitioner/defendant sought for time. By order, dated 25.04.2024, the request for adjournment was refused and the cross-examination of PW4 was taken as nil. Subsequently, IA No.14 was filed for recalling the said order which was also rejected by the trial court. 3. Be that as it may. Now, the case is pending before the trial court. In the interest of justice, I am of the opinion that IA No.14 filed by the petitioner/defendant requires to be allowed and the order dated 25.04.2024 requires to be recalled. 4. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) IA No.14 filed by the petitioner/defendant is allowed. (iii) The order dated 25.04.2024 is recalled. (iv) The petitioner/defendant is given one more opportunity to cross examine PW4 on the - 4 - NC: 2025:KHC:106 WP No. 16588 of 2024 next date of hearing fixed by the trial court and complete the cross-examination of PW4, without taking any further adjournment. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 66