- 1 - HC-KAR NC: 2025:KHC:29992 WP No. 22058 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22058 OF 2025 (GM-CPC) BETWEEN: SRI.D.G.PUNEETH, SON OF GANGADHARA, AGED ABOUT 34 YEARS, RESIDING AT DODDAUPPAL VILLAGE, DEVLAPURA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT, PIN CODE - 571 432. …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. SMT.M.S.SHARADA, WIFE OF LATE LAKSHMAN GOWDA, AGED ABOUT 64 YEARS, RESIDING AT # 141/33, 9TH MAIN, 4TH MAIN ROAD, 4TH BLOCK, NANDINI LAYOUT, BANGALORE, PIN CODE - 560 096. 2. SRI.B.K.CHANDRA MAHESH, SON OF LATE LAKSHMAN GOWDA, AGED ABOUT 40 YEARS, RESIDING AT # 141/33, 9TH MAIN, 4TH MAIN ROAD, 4TH BLOCK, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29992 WP No. 22058 of 2025 NANDINI LAYOUT, BANGALORE, PIN CODE - 560 096. 3. SMT.CHIKKAMMA, WIFE OF LATE KEMPAIAH, AGED ABOUT 85 YEARS, RESIDING AT 871, 14TH CROSS,, MAHALAKSHMI LAYOUT, BANGALORE, PIN CODE - 560 086. 4. SRI.GANGADHAR, SON OF LATE KEMPAIAH, AGED ABOUT 60 YEARS, RESIDING AT 871, 14TH CROSS,, MAHALAKSHMI LAYOUT, BANGALORE, PIN CODE - 560 086. 5. SRI.NARAYANA, SON OF LATE KEMPAIAH, AGED ABOUT 45 YEARS, RESIDING AT 871, 14TH CROSS,, MAHALAKSHMI LAYOUT, BANGALORE, PIN CODE - 560 086. 6. SMT.PRAMEELA, DAUGHTER OF LATE KEMPAIAH, WIFE OF R. SRINIVAS, AGED ABOUT 47 YEARS, RESIDING AT 871, 14TH CROSS,, MAHALAKSHMI LAYOUT, BANGALORE, - 3 - HC-KAR NC: 2025:KHC:29992 WP No. 22058 of 2025 PIN CODE - 560 086. 7. SMT.PADMAVATHI, DAUGHTER OF LATE KEMPAIAH, WIFE OF CHANDRASHEKARA, AGED ABOUT 85 YEARS, RESIDING AT 871, 14TH CROSS,, MAHALAKSHMI LAYOUT, BANGALORE, PIN CODE - 560 086. 8. SRI.B.L.CHETHAN, SON OF LATE LAKSHMAN GOWDA, AGED ABOUT 35 YEARS, RESIDING AT #141/33, 9TH MAIN, 4TH MAIN ROAD, 4TH BLOCK, NANDINI LAYOUT, BANGALORE, PIN CODE - 560 096. …RESPONDENTS (BY SRI. V. MANJUNATHA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE IMPUGNED ORDER DATED 12.03.2025 PASSED IN O.S.NO.8171/2013 BY THE LEARNED XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-36) AS PER ANNEXURE -F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:29992 WP No. 22058 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court seeking the following prayers: "a) Issue a writ of certiorari setting aside the Impugned order dated 12.03.2025 passed in O.S.No.8171/2013 by the learned XXXV Additional City Civil and Sessions Judge, Bangalore (CCH-36) as per ANNEXURE-F and by allowing the memo filed by the Petitioner/Defendant No.6 as per ANNEXURE-D. b) Issue a writ of whatsoever nature or direction or order deems fit to be granted in the facts and circumstances, to allow the above Writ Petition in the interest of justice and equity." 2. Heard Sri.Punith C, learned counsel appearing for the petitioner, Sri.V.Manjunatha, learned counsel appearing for respondent No.2 and have perused the material on record. 3. The learned counsel appearing for the respondent No.2 submits that the petitioner is seeking to exercise his right of cross-examination by filing a memo, which ought to have been only by way of an application. - 5 - HC-KAR NC: 2025:KHC:29992 WP No. 22058 of 2025 4. Learned counsel for the petitioner submits that he would file the necessary application before the concerned Court seeking cross-examination of legal heirs of PW1 on the score that he has been impleaded into the proceedings on 16.01.2020 and PW1 dies in the year 2022, his legal representatives have been brought on record. 5. Therefore, in the light of the aforesaid circumstance, the liberty is reserved to the petitioner to file an application seeking cross-examination of the legal heirs of PW1. The concerned Court shall answer the application in accordance with law within 2 weeks from its filing. Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC