- 1 - HC-KAR NC: 2025:KHC:21479 WP No. 17374 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17374 OF 2025 (GM-CPC) BETWEEN: 1. MR. M. RAGHAVENDRA S/O G. NARAYANA REDDY, AGED ABOUT 38 YEARS, R/AT KAMBLIPURA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK - 560 105 BENGALURU RURAL DISTRICT. 2. MR. MANJUNATHA R., S/O M.RAMA REDDY, AGED ABOUT 45 YEARS R/AT: NO.73, KACHANAYAKANAHALLI VILLANS, HENNAGARA POST, ANEKAL TALUK – 560 105. BENGALURU RURAL BOTH ALSO AT: THE NEW ANDHRA HOUSE HOTEL, SITES NOS. 4, 5 AND 6, NO 47-8, DODDATHOGUR, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU – 560 100. …PETITIONERS (BY SMT. JYOTHI S.K., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21479 WP No. 17374 of 2025 AND: 1. MR. R. RAJENDRA S/O RAMASWAMY REDDY, AGED ABOUT 39 YEARS, R/AT DODDATHOGUR VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU – 560 100. 2. MR. R.DILEEP, S/O. RAMASWAMY REDDY, AGED ABOUT 31 YEARS, NO.1, GNR HOMES, SITE NO. 104, GREEN HOUSE LAYOUT, NEAR NARASIMHASWAMY TEMPLE, DODDATHOGUR, ELECTRONIC CITY POST, BENGALURU – 560 100. 3. MR. R.ANJANA REDDY @ G.R.ANJINAPPA, S/O. RAMASWAMY REDDY, AGED ABOUT 29 YEARS, NO.122/8A, GNR NILAYA, YALLAMMA TEMPLE BACK SIDE ROAD, NEAR MAHA BAZAR, GREEN HOUSE LAYOUT, DODDATHOGUR, ELECTRONIC CITY POST, BENGALURU – 560 100. …RESPONDENTS (BY SRI SURESH S., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DTD 02.05.2025 AT ANNX-A PASSED BY THE LEARNED X ADDITIONAL DISTRICT AND SESSION JUDGE BENGALURU RURAL (COMMERCIAL COURT) IN - 3 - HC-KAR NC: 2025:KHC:21479 WP No. 17374 of 2025 COM.O.S.NO.58/2024 AND ALLOW THE IA NO. 15 FILED UNDER SECTION 151 OF CPC AND IA NO. 16 UNDER ORDER 18 RULE 17 R/W 151 OF CPC AT ANNX-D AND D1 RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court calling in question an order dated 2-5-2025, by which the concerned Court in Commercial O.S.No.58 of 2024 rejects the application filed by the petitioners seeking recall of P.W.1 for further cross- examination in an application filed under Order 18 Rule 17 CPC. 2. The petitioners are the defendants, respondents the plaintiffs. The transaction between the two and the dispute thereon leads the plaintiffs/respondents herein before the Commercial Court in Commercial O.S.No.58 of 2024. The issue in the lis does not pertain to the merit of the matter. After cross-examination of P.W.1, it transpires that some material comes into the hands of the defendants i.e., a consent deed, - 4 - HC-KAR NC: 2025:KHC:21479 WP No. 17374 of 2025 and as such, files an application seeking recall of P.W.1 for further cross-examination. Twice over an opportunity was granted to these petitioners i.e., on 24-2-2025 and 6-3-2025. The petitioners having not availed the said opportunity granted by the concerned Court, the Court rejects the application by the impugned order, on the score the application is preferred only as a ruse to drag the proceedings. It is this order that has driven the defendants before this Court in the subject petition. 3. Heard the learned counsel Smt Jyothi S K, appearing for petitioners and learned counsel Sri Suresh S, appearing for respondents. 4. Learned counsel appearing for petitioners submits that if one opportunity is granted, the cross-examination of P.W.1 would get completed on that particular day, failing which, grave prejudice would ensue to the petitioners. 5. Learned counsel for respondents would though put up vehement apposition would contend that if application is not permitted to be dragged or causing delay in the disposal of the suit, he would have no objection. - 5 - HC-KAR NC: 2025:KHC:21479 WP No. 17374 of 2025 6. In that light, I deem it appropriate to permit the petitioners to avail of opportunity of further cross-examination of P.W.1 on a particular day fixed by the concerned Court. It is made clear that the concerned Court shall fix a particular date of such further cross-examination of P.W.1 and this would be the last straw of opportunity at the hands of the petitioners to further cross-examine P.W.1. Any application of the kind again filed, would undoubtedly amount to a ruse to drag the proceedings. 7. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed. (ii) Impugned order dated 02-5-2025 passed by the X Additional District and Sessions Judge, Bengaluru in I.A.Nos.15 and 16 stands quashed. (iii) The application so filed by the petitioners under Order 18 Rule 17 of the CPC stands allowed. - 6 - HC-KAR NC: 2025:KHC:21479 WP No. 17374 of 2025 (iv) The concerned Court shall fix a date for further cross-examination of P.W.1 and regulate its procedure thereafter, in terms of the observations made in the course of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 50