- 1 - HC-KAR NC: 2025:KHC:37439 WP No. 28259 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28259 OF 2025 (GM-CPC) BETWEEN: MR. NILAV BOSE, AGED ABOUT 46 YEARS, S/O LATE MR. ALOK BOSE, RESIDING AT C-902, ADARSH RHYTHM, NO. 71, PANDURANGA NAGAR, BANGALORE - 560076, REPRESENTED BY POWER OF ATTORNEY HOLDER MRS. PRANATI BOSE, AGED ABOUT 70 YEARS, W/O LATE MR. ALOK BOSE, RESIDING AT C-902, ADARSH RHYTHM, NO. 71, PANDURANGA NAGAR, BANGALORE - 560076. …PETITIONER (BY SMT. NAYANA TARA B.G.,ADVOCATE) AND: 1. SMT KAMALA NARAYAN, MAJOR, W/O LATE M. NARAYANAPPA, RESIDING AT NO. 650, "ASHUTOSH", 5TH CROSS, BSK I STAGE, BANGALORE 560 050. 2. SRI. SHANKAR J, MAJOR, S/O LATE M NARAYANAPPA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37439 WP No. 28259 of 2025 RESIDING AT NO. 58, BULL TEMPLE ROAD, BANGALORE 560 019. 3. SRI. HARISH N, MAJOR, S/O LATE M. NARAYANAPPA, RESIDING AT NO. 650, "ASHUTOSH", 5TH CROSS, BSK I STAGE, BANGALORE 560 050. 4. SRI. MAHESH N, MAJOR, S/O LATE M. NARAYANAPPA, RESIDING AT NO. 650, "ASHUTOSH", 5TH CROSS, BSK I STAGE, BANGALORE 560 050. 5. SRI. M GOPAL, MAJOR, S/O LATE M. MUNISWAMAPPPA, RESIDING AT NO. 1058, 15TH CROSS, 25TH MAIN, BANASHANKARI 2ND STAGE, BANGALORE 560 070. 6. SRI. M. C. SATYANARAYANA GOWDA, MAJOR, S/O B.V. CHANNE GOWDA, RESIDING AT NO. 59, SUNKENAHALLI MAIN ROAD, BULL TEMPLE ROAD, HANUMANTHANAGAR, BANGALORE 560 019. 7. M/S ADARSH DEVELOPERS, BEING A PARTNERSHIP FIRM, REGISTERED UNDER PARTNERSHIP ACT, 1932, HAVING ITS OFFICE AT NO.10, VITTAL MALLYA ROAD, - 3 - HC-KAR NC: 2025:KHC:37439 WP No. 28259 of 2025 BANGALORE 560 001. REPRESENTED BY ITS PARTNER SRI. B. M. KARUNESH. 8. ADARSH RHYTHM APARTMENT OWNER'S ASSOCIATION, BEING AN ASSOCIATION OF APARTMENT OWNERS, REGISTERED UNDER THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972, HAVING ITS OFFICE AT NO. 71, PANDURANGA NAGAR, BEHIND FORTIS HOSPITAL, OFF: BANNERGATTA ROAD, BANGALORE 560 076, REPRESENTED BY ITS PRESIDENT. …RESPONDENTS (BY SRI. ARJUN RAO, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE III ADDL.CITY CIVIL AND SESSION JUDGE (CCH-25) BANGALORE TO ENSURE THAT CROSS EXAMINATION OF PW1 IN O.S.NO.3335/2022 IS COMPLETED BETWEEN 17TH TO 19TH SEPTEMBER 2025 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:37439 WP No. 28259 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Mrs. Nayana Tara B.G, learned counsel appearing for the petitioner, Sri.Arjun Rao, learned counsel appearing for the respondents and have perused the material on record. 2. Petitioner is before this Court seeking a direction to the concerned Court to ensure that the cross-examination of PW.1 gets concluded between 17.09.2025 to 19.09.2025. The reason for filing the subject petition is that PW.1 is coming from outside the country and would be in the soil of this nation between 17.09.2025 to 19.09.2025. The apprehension that has led the filing of the subject petition is that the cross- examination would be delayed and would cause inconvenience to PW.1. Learned counsel Sri.Arjun Rao representing the respondents submits that he would not seek any adjournment and as far as possible, try to conclude the cross-examination within the date fixed for cross-examination unless the situation - 5 - HC-KAR NC: 2025:KHC:37439 WP No. 28259 of 2025 otherwise would warrant. Learned counsel for the petitioner submits that the petitioner be given liberty to advance the case from 19.090.2025 to 18.09.2025 i.e., tomorrow. The liberty so sought is granted. In the event, memo is filed seeking advancement, the case shall be advanced and the procedure be regulated in terms of the subject order. 3. In case, the Presiding Officer of the concerned Court is not sitting and the matter is posted before the In-charge Court, the In-charge Court also shall follow the directions that is now issued. 4. For the aforesaid reasons, the following: O R D E R [i] The petitioner is at liberty to file a Memo seeking advancement of the case from 19.09.2025 to 18.09.2025 tomorrow. [ii] PW.1 shall be present and the cross-examination shall commence from the afternoon of tomorrow and the concerned Court shall endeavor to conclude cross-examination by the end of court hours of 19.09.2025. [iii] The court is at liberty to regulate its procedure for conclusion, as is directed. - 6 - HC-KAR NC: 2025:KHC:37439 WP No. 28259 of 2025 [iv] In the event, the concerned Court is not holding sitting and the matter is posted before an Incharge Court, the Incharge Court also shall follow what is aforesaid. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 95