- 1 - NC: 2025:KHC:339 WP No. 18487 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18487 OF 2024 (GM-CPC) BETWEEN: SMT SAMPOORNA T W/O. SRI. R. K. CHANDRASHEKAR D/O. LATE BHAGYAMMA AND THIMMEGOWDA AGED 33 YEARS, R/AT NO.167/5 8TH CROSS, MUNESHWARA LAYOUT SHIVANANDA NAGARA, HEGGANNAHALLI BENGALURU 560 091. …PETITIONER (BY SRI. RAVISHANKAR T P.,ADVOCATE) AND: 1. SMT. DODDAMMA @ LALITHAMMA W/O. THIMMAIAH AGED 72 YEARS RESIDING AT NO.109, 5TH CROSS HEGGANNAHALLI MAIN ROAD HEGGANNAHALLI, BENGALURU 560 091. ALSO AT NO.167/5, GROUND FLOOR 8TH CROSS, SHIVANANDA NAGAR MUNESHWARA LAYOUT HEGGANNAHALLI, BENGLAURU - 560 091. 2. SMT. SUVARNA D/O. LATE BHAGYAMMA & THIMMEGOWDA (DIED UNMARRIED ON 16.06.2018) 3. SRI. SRINIVASA S/O. LATE BHAGYAMMA AND THIMMEGOWDA AGED ABOUT 27 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:339 WP No. 18487 of 2024 4. SMT. RUKMINI W/O. RUDRESH, D/O. LATE BHAGYAMMA & THIMMEGOWDA AGED ABOUT 24 YEARS 5. SMT. LAKSHMI D/O. LATE BHAGYAMMA & THIMMEGOWDA (DIED UNMARRIED ON 23.05.2024) 6. KUM. CHANDRIKA D/O. LATE BHAGYAMMA & THIMMEGOWDA AGED ABOUT 21 YEARS R2 TO R4 ARE RESIDING AT NO.167/5, 8TH CROSS MUNESHWARA LAYOUT SHIVANANDA NAGARA HEGGANNAHALLI, BENGALURU 560 091. 7. SRI. PRASANNA KUMAR S/O. HANUMANTHAPPA AGED ABOUT 43 YEARS 8. SRI. SUNILKUMAR S/O. SAMPATH NAIK AGED ABOUT 37 YEARS 9. SRI. CHANDAN S/O. RAVIKUMAR AGED ABOUT 36 YEARS 10. SRI. RAJU AGED ABOUT 32 YEARS 11. SRI. THABARESH PASHA S/O. ANWAR PASHA AGED ABOUT 41 YEARS R5 TO R9 ARE RESIDING AT NO.167/5 FIRST FLOOR, 8TH CROSS - 3 - NC: 2025:KHC:339 WP No. 18487 of 2024 MUNESHWARA LAYOUT SHIVANANDA NAGARA HEGGANNAHALLI, BENGALURU 560 091. 12. SRI. SHANKAR NAIK S/O. THIMMA NAIK AGED ABOUT 56 YEARS 13. SRI. RAJA NAIK S/O. RAMAKRISHNA NAIK AGED ABOUT 46 YEARS 14. SRI. NARASAPPA S/O. RANGAPPA AGED ABOUT 51 YEARS R 10 TO 12 ARE RESIDING AT NO.169 8TH CROSS, MUNESHWARA LAYOUT SHIVANANDA NAGARA, HEGGANNAHALLI BENGALURU 560 091. …RESPONDENTS (BY SRI. B K CHANDRASHEKAR.,ADVOCATE FOR R1: NOTICE TO R2 TO R14 ARE DISPENSED WITH V/O DATED: 19.07.2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05/06/2024, PASSED BY THE X ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-26), BENGALURU, IN OS NO. 1704/2013, ON INTERIM APPLICATION NO. IX, PRODUCED AT ANNEXURE-A 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 - 4 - NC: 2025:KHC:339 WP No. 18487 of 2024 ORAL ORDER This writ petition is filed by defendant No.1(a) under Article 227 of the Constitution of India challenging the order dated 05.06.2024 passed by the X Additional City Civil and Sessions Judge, Bengaluru on IA No.9 in O.S.No.1704/2013, rejecting the IA filed for recalling the witness. 2. The plaintiff filed a suit for declaration. On appearance, defendant No.1 has filed the written statement. After framing the issues, the matter was posted for evidence. When the matter was posted for cross-examination of PW2, the petitioner/defendant No.1(a) has sought for time. On the said request, the trial court permitted the defendant No.1(a) to cross-examine PW2. When the matter was posted for further cross- examination of PW2, the petitioner/defendant No.1(a) has sought further time. The said request has been rejected and evidence of PW2 has been closed. Thereafter petitioner/defendant No.1(a) has filed IA No.9 for recalling - 5 - NC: 2025:KHC:339 WP No. 18487 of 2024 the order dated 21.11.2023 and permitting the legal representatives of defendant No.1(a) to further cross- examine PW2. Even though sufficient opportunity has been granted to the petitioner/defendant No.1(a) she has not cross-examined PW2. 3. Be that as it may. In the interest of justice, to give one more opportunity to the petitioner/defendant No.1(a), IA No.9 requires to be allowed, but, by imposing a cost. 4. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 05.06.2024 passed on IA No.9 is set aside. (iii) IA No.9 is allowed, subject to payment of cost of Rs.10,000/- to be payable by the petitioner/defendant No.1(a) to the plaintiff /respondent No.1. - 6 - NC: 2025:KHC:339 WP No. 18487 of 2024 (iv) The legal representatives of defendant No.1 is allowed to further cross-examine PW2, provided that she completes the cross- examination of PW2 on the next date of hearing as set by the trial court, without requesting any further adjournment. If the cross-examination is not completed on that date, it must be completed on the subsequent hearing date, again, without seeking any further adjournment. . Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 62