- 1 - NC: 2025:KHC:570 WP No. 18227 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18227 OF 2024 (GM-CPC) BETWEEN: 1. M/S ABHISHEK DEVELOPERS A PARTNERSHIP FIRM (NOW KNOWN AS ABHISHEK PROBUILD PVT LTD) PRESENTLY HAVING ITS OFFICE AT NO.41, MANTRI HOUSE VITTAL MALLYA ROAD BENGALURU-560001 REPRESENTED BY AUTHORIZED SIGNATORY RAVISHANKAR B S. 2. M/S SURAJ DEVELOPERS A PARTNERSHIP FIRM (NOW KNOWN AS SURAJ INN PVT LTD) HAVING ITS OFFICE AT NO.41 MANTRI HOUSE, VITTAL MALLYA ROAD BENGALURU-560001 REPRESENTED BY AUTHORIZED SIGNATORY RAVISHANKAR B S. …PETITIONERS (BY SRI. VIJAYA KUMAR K.,ADVOCATE) AND: 1. SRI M MARAPPA AGED ABOUT 76 YEARS S/O LATE MARI GOWDA RESIDING AT IBALUR VILLAGE AGARA POST, SARJAPURA MAIN ROAD BENGALURU-560034. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:570 WP No. 18227 of 2024 2. SMT GOWRAMMA AGED ABOUT 89 YEARS W/O LATE MARI GOWDA 3. SRI M RAJENDRA MAJOR IN AGE S/O LATE MUNIYAPPA R2 AND R3 AR R/A IBBLUR VILLAGE BEGUR HOBLI BENGALURU SOUTH TALUK-560103. 4. SRI SHYAMLAL KISHINCH AND HINDU UNDIVIDED FAMILY REPRESENTED BY ITS KARTHA DR SHYAM K BULCHANDANI AGED ABOUT 89 YEARS S/O LATE KRISHANCH AND BULCHANDANIA. 5. SMT SHEELA S BULCHANDANI AGED ABOUT 80 YEARS W/O DR SHYAM K BULCHANDANI R4 AND R5 ARE RESIDING AT NO.1B BHAGAWAT NIVAS, PEDDAR ROAD MUMBAI-400026. 6. SRI SANJIVE S BULCHANDANI AGED ABOUT 43 YEARS RESIDING AT NO.202 CHALET AGA ABBAS ALI ROAD OPP AT ALI ASKER ROAD BENGALURU-560042. 7. SMT PRIYA MANIYAN AGED ABOUT 58 YEARS W/O SRI RAMANI MANIYAN 8. SMT POOJA S PANDIT AGED ABOUT 48 YEARS D/O SRI SURESH KUMAR PANDIT R7 AND 8 ARE HAVING THEIR ADDRESS - 3 - NC: 2025:KHC:570 WP No. 18227 of 2024 AS C/O SRI RAMESH S BULCHANDANI RESIDING AT NO.30/2 ABSHOT LAYOUT, SANKEY ROAD CROSS BENGALURU-560020. 9. SRI RAMESH S BOOLCHANDANI S/O DR SHYAMLAL K BOOLCHANDANI RESIDING AT NO.30/2 ABSHOT LAYOUT, SANKEY ROAD CROSS BENGALURU-560020 ALSO HAVING ITS ADDRESS AT NO.403 ROYAL RESIDENCY BRUNTON ROAD, BENGALURU-560025. 10. M/S KRISHNA E CAMPUS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT NO.13 HOSUR MAIN ROAD MADIVALA, BENGALURU-560068 REPRESENTED BY ITS DIRECTOR SRI RAMESH S BOOLCHANDANI. 11. DR M P SOMAPRASAD AGED ABOUT 72 YEARS S/O SRI M K PRABHAKAR RESIDING AT NO.370, 11TH MAIN ROAD 3RD BLOCK, KORAMANGALA BENGALURU-560034 …RESPONDENTS (R1 SERVED AND UNREPRESENTED: NOTICE TO RESPONDENT NOs.2 TO 11 VIDE ORDER DATED 11.09.2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.9300/2006 PENDING ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-6) AND SET ASIDE THE ORDER DATED: 22.04.2024 REJECTING APPLICATIONS FILED BY THE PETITIONERS UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE AND UNDER ORDER 18 RULE 17 OF THE CODE OF - 4 - NC: 2025:KHC:570 WP No. 18227 of 2024 CIVIL PROCEDURE, TO RECALL AND REOPEN THE STAGE FOR CROSS EXAMINATION OF PW1 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE APPLICATIONS FILED BY THE PETITIONERS UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE (ANNEXURE-E) AND APPLICATION UNDER ORDER 18 RULE 17 OF THE CODE OF CIVIL PROCEDURE (ANNEXURE- F) TO RECALL AND REOPEN THE STAGE FOR CROSS EXAMINATION OF PW1 BY ALLOWING THIS WRIT PETITION 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 defendant Nos. 11 and 12 under Article 227 of the Constitution of India challenging the order dated 22.04.2024, whereby the trial court dismissed the IA filed under Order 18 Rule 17 of CPC in O.S.No.9300/2006. 2. The plaintiff filed a suit for declaration. After service of notice, defendants appeared and filed written statement. The court has framed the issues. The plaintiff has examined PW1 and the matter was posted for cross- examination of PW1 by defendant Nos.11 and 12. Even after giving sufficient opportunity, defendant Nos.11 and - 5 - NC: 2025:KHC:570 WP No. 18227 of 2024 12 have not cross-examined PW1. Hence, the evidence of PW1 has been taken as closed. Thereafter petitioners/defendant Nos.11 and 12 filed an application under Order 18 Rule 17 of CPC to recall and reopen the case for cross-examination of PW1. The trial court rejected the said application. Being aggrieved by the same, defendant Nos. 11 and 12 are before this Court. 3. The respondents are served and unrepresented. Even copy of this petition has been served on the counsel appearing for the first respondent before the trial court. 4. Heard the learned counsel for the petitioner. 5. The suit filed by the plaintiff for declaration in the year 2006. The plaintiff was examined as PW1. The time has been granted to cross-examine PW1 by defendant Nos. 11 and 12. The Court has granted sufficient time to cross-examine PW1 by defendant Nos. 11 and 12. Inspite of that, they have not cross-examined. Hence, the evidence of PW1 has been closed. - 6 - NC: 2025:KHC:570 WP No. 18227 of 2024 6. Be that as it may. I am of the opinion that an opportunity has to be given to the petitioners/defendant Nos. 11 and 12 to cross-examine PW1, but, by imposing costs. 7. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 22.04.2024 on the application under Order 18 Rule 17 of CPC in O.S.No.9300/2006 is set aside. (iii) The application filed by the petitioner/ defendant Nos.11 and 12 under Order 18 Rule 17 of CPC is allowed. (iv) Defendant Nos. 11 and 12 are permitted to cross-examine PW1 on the next date of hearing, which is fixed by the trial court, without seeking any further adjournment, subject to payment of cost of Rs.10,000/- to - 7 - NC: 2025:KHC:570 WP No. 18227 of 2024 be payable by defendant Nos. 11 and 12 to the plaintiff. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 60