- 1 - HC-KAR NC: 2025:KHC:28851 WP No. 3856 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 3856 OF 2021 (GM-CPC) BETWEEN: SMT. V.SHASHIKALA D/O LATE P.VELUMURUGAN, W/ SRI. G.S.SENTHIL KUMAR, AGED ABOUT 36 YEARS, R/AT NO.474, GROUND FLOOR, 3RD MAIN RAOD, 1ST B CROSS, MATHIKERE, BENGALURU-560 054. …PETITIONER (BY SRI. K.V.SATISH., ADVOCATE) AND: 1. BRINDA MANI W/O LATE P.VELUMURUGAN, AGED ABOUT 40 YEARS, 2. SRI. V.MOHAN KUMAR S/O LATE P.VELUMURUGAN, AGED ABOUT 34 YEARS, 3. SMT. V.HAMSAVENI D/O LATE P.VELUMURUGAN, AGED ABOUT 24 YEARS, 4. SMT. V.PRIYA VANI D/O LATE P.VELUMURUGAN, AGED ABOUT 21 YEARS, SL.NO.S 1 TO 4 ABOVE ARE R/AT OLD NO. 476 G, NEW NO.9/3, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28851 WP No. 3856 of 2021 GROUND FLOOR ( 1ST PORTION), 1ST 'B' CROSS ROAD, MATHIKERE EXTENSION, BENGALURU-560 054. 5. SRI. MANOJ KUMAR PADI S/O SATHYANARAYAN PADI, MAJOR BY AGE, R/AT OLD NO. 476 G, NEW NO.9/3, FIRST FLOOR (2ND PORTION) 1ST 'B' CROSS ROAD, MATHIKERE EXTENTION, BENGALURU - 560 054. 6. SRI. LINGAPPA MAJOR BY AGE, RESIDING AT OLD NO. 476 G, NEW NO.9/2 GROUND FLOOR, (3RD PORTION), 1ST 'B' CROSS ROAD, MATHIKERE EXTENSION, BENGALURU - 560 054. 7. SRI. MOORTHY S/O DASAPPA, MAJOR BY AGE, R/AT OLD NO. 476 G, NEW NO. 9/2, FIRST FLOOR, (4TH PORTION), 1ST 'B' CROSS ROAD, MATHIKERE EXTENTION, BENGALURU - 560 054. 8. SRI. HARISH KRISHNA S/O KULLAPPA, MAJOR BY AGE, R/AT OLD NO. 476, 'G' NEW NO. 9/2, FIRST FLOOR, (5TH PORTION), 1ST 'B' CROSS ROAD, MATHIKERE EXTENTION, BENGALURU - 560 054. 9. SRI.TOUSIF SHARIFF S/O ANWAR PASHA, MAJOR BY AGE, - 3 - HC-KAR NC: 2025:KHC:28851 WP No. 3856 of 2021 R/AT OLD NO. 476 G, NEW NO. 9/3, FIRST FLOOR, (6TH PORTION), 1ST 'B' CROSS ROAD, MATHIKERE EXTENTION, BENGALURU - 560 054. 10. SRI. R.GOBINATH S/O K.RANGARAJAN, MAJOR BY AGE, R/AT OLD NO. 476 G, NEW NO. 9/2, FIRST FLOOR, (7TH PORTION), 1ST 'B' CROSS ROAD, MATHIKERE EXTENTION, BENGALURU - 560 054. 11. SRI. RAJENDRAN MAJOR BY AGE, R/AT OLD NO. 476 G, NEW NO. 9/3, SECOND FLOOR, (8TH PORTION), 1ST 'B' CROSS ROAD, MATHIKERE EXTENTION, BENGALURU - 560 054. …RESPONDENTS (BY SRI. P.H.VIRUPAKSHAIAH., ADVOCATE FOR R1 TO 3 [ABSENT]; R4-SERVED AND UNREPRESENTED; NOTICE TO R5 TO 11-DISPENSED WITH V/O DATED:21.11.2022) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: - 4 - HC-KAR NC: 2025:KHC:28851 WP No. 3856 of 2021 ORAL ORDER Sri.K.V.Satish., counsel for the petitioner has appeared in person. There is no representation on behalf of respondents 1 to 3, either personally or through video conferencing. An emergent notice to the respondents was ordered on 23.02.2021. A perusal of the office note depicts that respondent No.4 is served and unrepresented. She has neither engaged the services of an advocate nor conducted the case as a party in person. 2. The order dated 30.01.2021 passed by the VII Addl. City Civil & Sessions Judge, Bengaluru on I.A.No.12 in O.S.No.4572/2009 vide Annexure-D is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition. 3. Counsel for the petitioner has urged several contentions. Heard the arguments and perused the Writ papers with care. - 5 - HC-KAR NC: 2025:KHC:28851 WP No. 3856 of 2021 4. The short point that requires consideration is whether the order of the Trial Court requires interference. 5. Suffice it to note that the plaintiff led evidence and her examination in chief was concluded. At request of the defendant, the cross-examination of the plaintiff was deferred from time to time. The plaintiff was tested positive for Covid- 19, hence she could not subject herself for cross-examination. However, the Trial Court ordered the cross-examination of PW1 as nil and closed and posted the case for defendants evidence. Hence, the plaintiff moved an application to recall PW1 to subject herself for cross-examination. The request of the plaintiff was declined by the Trial Court solely on the ground that she has furnished the photocopy of the medical report and original is not furnished. The reason assigned for rejection of the application is untenable. It is not in dispute that the plaintiff was tested positive for Covid-19, hence, assigning the reason that original medical report has not been furnished and declining the request to recall PW1 for cross-examination cannot be sustained. Therefore, the order of the Trial Court is liable to be set-aside. - 6 - HC-KAR NC: 2025:KHC:28851 WP No. 3856 of 2021 6. The Writ of Certiorari is ordered. The order dated 30.01.2021 passed by the VII Addl. City Civil & Sessions Judge, Bengaluru on I.A.No.12 in O.S.No.4572/2009 vide Annexure-D is set-aside. Accordingly, I.A.No.12 is allowed. 7. Resultantly, the Writ Petition is allowed. Needless to observe that the plaintiff shall cooperate for speedy disposal of the suit. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 41