- 1 - NC: 2025:KHC:8180 WP No. 18536 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18536 OF 2024 (GM-CPC) BETWEEN: KRISHNA REDDY R S/O LATE P RAMAREDDY AGED 37 YEARS R/AT HAROHALLI VILLAGE NEAR GOVERNMENT WATER TANK S N HALLI POST, YELAHANKA BENGALURU-560064. …PETITIONER (BY SRI. B RAMESH.,ADVOCATE) AND: 1. SMT. AMBIKA R W/O PRAVEEN KUMAR P AGED 37 YEARS R/AT HAROHALLI VILLAGE NEAR GOVERNMENT WATER TANK S N HALLI POST, YELAHANKA BENGALURU-560064. 2. SMT OBBAMMA W/O LATE RAMA REDDY AGED 65 YEARS R/AT HAROHALLI VILLAGE NEAR GOVERNMENT WATER TANK Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8180 WP No. 18536 of 2024 S N HALLI POST, YELAHANKA BENGALURU-560064 3. SMT ANITHA R D/O LATE RAMA REDDY AGED 65 YEARS R/AT NO.25 ITGALPURA VILLAGE NEAR GOVERNMENT WATER TANK S N HALLI POST,YELAHANKA BENGALURU-560064 …RESPONDENTS (BY SRI. G BALAJI NAIDU.,ADVOCATE FOR R1: SRI. ASHOK BANNI DINNI, ADVOCATE FOR R2: SRI. B. C. SEETHARAMA RAO, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 20.03.2024 PASSED ON I.A. NO. 3 AND 4 IN MISCELLANEOUS NO.69/2019 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU WHICH IS PRODUCED AND MARKED AS ANNEXURE-G BY DISMISSING THE APPLICATION FILED BY THE R-2 UNDER ORDER XVIII RULE 17 R/W SECTION 151 OF CODE OF CIVIL PROCEDURE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:8180 WP No. 18536 of 2024 ORAL ORDER This writ petition is filed by respondent No.1 before the trial court in Misc.No.69/2019. 2. The petitioner herein filed a suit for partition and separate possession in O.S.No.867/2014. The same came to be compromised between the parties and the compromise decree has been passed on 27.06.2014. After a lapse of five years, respondent No.1 herein filed Misc.No.69/2019 for recalling the compromise decree. In the said petition, respondent No.2 herein filed an application for recalling the RW1 witness for cross- examination. The trial court, by the impugned order, allowed the said application, without giving an opportunity to the petitioner herein. 3. The impugned order dated 20.03.2024 is not a speaking order. The same requires to be set aside on the ground of violation of the principles of natural justice. 4. Accordingly, the following order is passed: - 4 - NC: 2025:KHC:8180 WP No. 18536 of 2024 (i) The writ petition is allowed. (ii) The order dated 20.03.2024 passed by the Principal Senior Civil Judge, Bangalore Rural District, Bangalore on IA No.3 in Misc.No.69/2019 is set aside. (iii) The trial court is directed to re-consider IA No.3 filed by respondent No.2 herein, after giving opportunity to both the parties to file their objections and after hearing them, to pass appropriate orders, in accordance with law. (iv) In view of disposal of the main petition, all pending applications do not survive for consideration and accordingly, they stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 42