- 1 - HC-KAR NC: 2025:KHC:34036 WP No. 17654 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 17654 OF 2025 (GM-CPC) BETWEEN: 1. MRS. USHA SREEKANTHAN, W/O LATE SREEKANTHAN, AGED ABOUT 81 YEARS, RESIDING AT B-704, STERLING TERRACES, No.3, 100 FEET RING ROAD BSK 3RD STAGE, BENGALURU-85. …PETITIONER (BY SRI RAJAGOPALA NAIDU, ADVOCATE) AND: 1. MRS. VIJAYALAKSHMI VIJAYAKUMAR, W/O LATE VIJAYAKUMAR, AGED ABOUT 71 YEARS, RESIDING AT No.1, PUTTANNA ROAD, BASAVANAGUDI, BENGALURU-04. 2. DR. P. KRISHNASWAMY, S/O LATE K. PADMANABHAN, AGED ABOUT 76 YEARS, RESIDING AT No.385, TROY DEL WAY, WILLAMSVILLE, NEWYORK-14221 USA. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34036 WP No. 17654 of 2025 3. MR. RAGHUNATH PADMANABHAN, S/O LATE K. PADMANABHAN, AGED ABOUT 74 YEARS, RESIDING AT No.1091, CANYON CREEK DRIVE, ROCHESTER HILLS, MICHIGAN-48306, USA. …RESPONDENTS (BY SMT. MISBAH SHAN,ADVOCATE FOR SRI NAVEEN CHANDRA V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 02/06/2025 PASSED IN OS No. 7340/2015 BY THE LV ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH No.76 (ANNEXURE-F). AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER The instant writ petition is filed by the petitioner– defendant challenging the order passed on I.A. Nos.6 and 7 in O.S. No.7340/2015 by the LXXV Additional City Civil and Sessions Judge, Bengaluru, whereby the application seeking recall of PW.4 for further cross-examination has been rejected. The Trial Court, while rejecting the said application, has recorded that the petitioner had already cross-examined PW.4 - 3 - HC-KAR NC: 2025:KHC:34036 WP No. 17654 of 2025 on eight occasions and no sufficient justification was shown for granting further opportunity. 2. Sri Rajagopala Naidu, learned counsel for the petitioner, submits that on account of professional compulsions he could not cross-examine PW.4, and consequently, the stage came to be closed without due consideration of the request. He further submits that the petitioner may be granted one final opportunity to complete the cross-examination of PW.4 on a date to be specified by this Court. 3. Smt. Misbah Shan, learned counsel appearing for Sri Naveen Chandra V., learned counsel for the respondents, on instructions, submits that PW.4 will remain present before the Trial Court for further cross-examination on the date to be specified by this Court. However, it is submitted that PW.4 is aged about 70 years and frequent appearances before the Court would seriously affect her health. Learned counsel, therefore, prays that imposition of costs may be considered. 4. Having considered the submissions of learned counsel for the parties, it is evident from the impugned order that the petitioner had already cross-examined PW.4 on eight - 4 - HC-KAR NC: 2025:KHC:34036 WP No. 17654 of 2025 occasions. Learned counsel for the petitioner submits that the cross-examination was extensive and, having regard to the age of PW.4, it could not be continued for a longer duration on each occasion. The said submission is seriously opposed by learned counsel for the respondents. Be that as it may, the interests of both parties can be balanced by permitting the petitioner to cross-examine PW.4 on a specific date without granting any further adjournments. Having regard to the age of PW.4, the petitioner shall be entitled to complete the cross-examination on the single day so specified. Learned counsel for the petitioner has assured this Court that the age-related difficulties of the witness will be duly taken care of. 5. Having regard to the submissions of learned counsel for the petitioner, this Court is of the view that the petition deserves to be entertained. Accordingly, the following order: O R D E R (i) Writ petition is allowed. (ii) The impugned order dated 02.06.2025 on I.A. Nos.6 and 7 are set aside. - 5 - HC-KAR NC: 2025:KHC:34036 WP No. 17654 of 2025 (iii) I.A. Nos.6 and 7 are allowed permitting the petitioner-defendant to further cross-examine PW.4. (iv) PW.4 shall appear before the trial Court on 25.09.2025. On which day, the petitioner shall complete cross-examination of PW.4. (v) The above directions are subject to payment of cost of Rs.25,000/- payable to PW.4. The petitioner- defendant shall file acknowledgement for payment of cost before commencement of the cross- examination on the above date. Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 22