- 1 - HC-KAR NC: 2025:KHC:23090 WP No. 18630 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18630 OF 2025 (GM-CPC) BETWEEN: SMT. N. VIJAYALAKSHMI, D/O. N.T.NARAYAN, AGED ABOUT 48 YEARS, R/A FLAT NO. 003, GROUND FLOOR, BHARATAH PRESIDENCY, M.L.NO.9, II MAIN ROAD, II BLOCK, GORAGUNTEPALYA, BENGALURU - 560 022. …PETITIONER (BY SRI. BALARAJ A.C, ADVOCATE) AND: 1. SMT. POORNIMA RANJANI, W/O. K.G. SRINIVASA MURTHY, AGED ABOUT 54 YEARS, R/A NO.73/1, 1ST FLOOR, IV MAIN, MALLESHWARAM, BENGALURU - 560 055. 2. SRI. N. SRINIVASA AGED ABOUT 63 YEARS, S/O. M. NANJUNDAPPA, R/O NO.740/2(19), 4TH CROSS, PIPELINE ROAD, NEAR ANJANEYA TEMPLE, YESHWANTHPUR, BENGALURU - 560 022. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23090 WP No. 18630 of 2025 3. SRI. K.G. SRNIVASA MURTHY, S/O. LATE GANAPATHIYAPPA, AGED ABOUT 54 YEARS, R/O NO.73/1, 1ST FLOOR, IV MAIN, MALLESHWARAM, BENGALURU - 560 055. …RESPONDENTS (BY SRI. PRASANNA V.R, ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED XVII ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU IN O.S.NO.4833 OF 2013 DATED 17.6.2013 VIDE ANNEXURE-G AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.Balaraj.A.C., learned counsel appearing for the petitioner, Sri.Prasanna.V.R, learned counsel appearing for respondent No.1 and have perused the material on record. 2. The petitioner has sought several prayers but would restrict his claim only to prayer No.2, which is rejection of an application filed under Order XVIII Rule 17 of the CPC, seeking - 3 - HC-KAR NC: 2025:KHC:23090 WP No. 18630 of 2025 recall of the examination of DW.2. The petitioner was before this Court on an identical application being rejected. The Co- ordinate Bench allows the application with a cost of Rs.25,000/-. The petitioner is again before this Court on a similar plea of recall of DW.2 for cross-examination. 3. Learned counsel for the respondent submits that the petitioner is in the habit of filing such applications only to drag the proceedings. As on an earlier occasion this Court imposed Rs.25,000/- cost and permitted cross-examination. The petitioner did not avail the same. The learned counsel for the petitioner has some justification for not cross-examining on the same day as the Presiding Officer on the said date was said to be on leave and the matter was listed before another Court which he was not aware of. 4. In that light, though the learned counsel for the respondent would dispute the position in the light of the fact that the matter was transferred to another Court on account of leave of the Presiding Officer on the said date, I deem it appropriate to grant one opportunity to the petitioner to complete the examination and cross-examination of DW.2 as - 4 - HC-KAR NC: 2025:KHC:23090 WP No. 18630 of 2025 the case would be on the next ensuing date of the suit. It is made clear that this is the last straw of opportunity of the petitioner to the petitioner to examine and cross-examine DW.2 and the said examination and cross-examination shall happen on the same day fixed by the concerned Court. This shall however be subject to payment of cost of Rs.25,000/- to the respondent/decree holders. 5. The Co-ordinate Bench of this Court had already directed conclusion of the proceedings within six weeks. The same shall be adhered-to by the concerned Court notwithstanding the subject order. With the aforesaid observations, the petition stands disposed of. Ordered accordingly. I.A.No.1/2025 is disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE rv List No.: 2 Sl No.: 34 CT:BHK