- 1 - HC-KAR NC: 2025:KHC:30983 WP No. 14406 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14406 OF 2021 (GM-CPC) BETWEEN: SRI LAKSHMANA S/O. KUTARAIAH, MAJOR, R/O. BUGUDANAHALLI VILLAGE, BELLAVI HOBLI, TUMKUR TALUK AND DISTRICT – 572 107 REP. BY SPL. P A HOLDER, SRI. NARASIMHA MURTHY …PETITIONER (BY SRI. KESHAV R AGNIHOTRI, ADVOCATE) AND: 1. SRI M RAMAIAH S/O. MUDDAIAH AGED ABOUT 55 YEARS R/O. BUGUDANAHALLI VILLAGE, BELLAVI HOBLI, TUMKUR TALUK AND DISTRICT – 572 107 2. 2(A) CHIKKATHIMMAKKA, DEAD BY LEGAL REPRESENTATIVES GOVINDARAJU S/O LATE. HUCHAIAH, AGED ABOUT 52 YEARS R/O. BUGUDANAHALLI VILLAGE, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30983 WP No. 14406 of 2021 BELLAVI HOBLI, TUMKUR – 572 107 2(B) GOPALAKRISHNA S/O LATE. HUCHAIAH AGED ABOUT 45 YEARS R/O. BUGUDANAHALLI VILLAGE, BELLAVI HOBLI, TUMKUR TALUK – 572 107 …RESPONDENTS (BY SRI. R.V. JAYAPRAKASH, ADVOCATE FOR R1 V/O DATED 19.11.2021 NOTICE TO R2(A & B) IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS IN O.S.NO.564/2003 ON THE FILE OF III ADDL. CIVIL JUDGE, (JUNIOR DIVISION) TUMKUR AND SET ASIDE THE IMPUGNED ORDER DTD. 24.03.2021 VIDE ANNX-E PASSED ON IA FILED UNDER SECTION 151 CPC BY III ADDL. CIVIL JUDGE, (JUNIOR DIVISION) TUMKUR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. The limited grievance of the petitioner who is defendant No.1 in O.S.No.564/2003 on the file of III Additional Civil Judge (Jr.Dn.), Tumkur, is that his application filed under Section 151 of CPC seeking direction to tender himself for cross-examination has - 3 - HC-KAR NC: 2025:KHC:30983 WP No. 14406 of 2021 been rejected solely on the ground of he not being able to explain the reason for his non tendering for cross examination on the date fixed. 2. Learned counsel for the petitioner submits that the matter was listed for hearing on 23.03.2021, on which date in the morning session, the petitioner/defendant No.1 was present. However, since he had developed uneasiness, he had to leave, and he was not able to present himself for cross- examination in the afternoon session. Taking note of his absence, the trial Court had noted the cross- examination of DW.1 as nil. 3. That within 3 days an application was filed by the petitioner/defendant No.1 offering himself to be cross-examined by the plaintiff for the reason that he was unable to be present on the previous date due to ill-health. He submits that without appreciating this matter merely because the nature of illness is not - 4 - HC-KAR NC: 2025:KHC:30983 WP No. 14406 of 2021 mentioned in the application, the trial Court has rejected the application. 4. Learned counsel for the respondent Sri. R.V. Jayaprakash appearing through video conference fairly submits that a date be fixed, allowing the petitioner to appear before the trial Court on which date cross-examination will be conducted. 5. Appreciating the said submission, the following order: ORDER i. The writ petition is allowed. ii. Order dated 24.03.2021 vide Annexure-E passed on I.A filed under Section 151 of CPC by III Additional Civil Judge, (Jr.Dn.), Tumkur, is set aside. iii. The petitioner shall appear before the trial Court on the next date of hearing fixed by the trial Court and tender himself for cross- examination without any excuse. - 5 - HC-KAR NC: 2025:KHC:30983 WP No. 14406 of 2021 iv. It is made clear that if the petitioner fails to utilize this opportunity, he shall not be entitled for any further opportunity in the matter. Sd/- (M.G.S. KAMAL) JUDGE SKS List No.: 1 Sl No.: 33