- 1 - HC-KAR NC: 2025:KHC:49080 WP No. 4981 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 4981 OF 2023 (GM-CPC) BETWEEN: SRI KRISHNA KANTH S/O DEVEGOWDA AGED 49 YEARS R/AT NO.69, RATHNA VILASA ROAD K.R. ROAD CROSS BASAVANAGUDI BANGALORE - 560 004. …PETITIONER (BY SRI ANNAIAH C.V, ADV.) AND: 1. SMT. V.M. SUMITHRA W/O RAMAMURTHY K AGED 65 YEARS. 2. RAMA MURTHY AGED 70 YEARS S/O SRI K.K. KEMPAIAH. 3. SMT. R. HEMVATHI AGED 37 YEARS D/O SRI R RAMA MURTHY. 4. SRI R GOWRESH AGED 34 YEARS S/O SRI R RAMAMURTHY. RESPONDENTS NO.1 TO 4 ARE R/AT NO.538, 9TH MAIN 2ND BLOCK, RAJAJINAGAR BANGALORE - 560 010. 5. SRI K.G. VASANTH KUMAR AGED ABOUT 50 YEARS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49080 WP No. 4981 of 2023 S/O GIRISH R/AT NO 15/1 PANCHALA ANKANNA LANE MANVARATHPET BANGALORE - 560 053. 6. SRI G. SRINIVASA AGED ABOUT 47 YEARS S/O GIRISH R/AT NO.15/1, PANCHALA ANKANNA LANE MANAVARATHPET BANGALORE - 560 053. …RESPONDENTS (BY SRI GAONKAR DINESH NEELKANT, ADV.) THIS WP IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DTD 07/01/2023 PASSED ON I.A.NO.4/22 UNDER ORDER XVI RULE 1 AND 2 OF CPC, BY THE XXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-38) BENGALURU IN O.S.NO. 9870/2014 C/W O.S.NO.6881/2016 IN RESPECT OF SUMMONS ISSUED TO SMT.SUNITHA.R VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioner is before this Court in this writ petition filed under Article 227 of Constitution of India with a prayer to set- aside the order dated 07.01.2023 passed on IA No.4/2022 in OS No.9870/2014 C/w OS No.6881/2016 by the Court of XXXVII Addl. City Civil and Sessions Judge, Bengaluru, vide Annexure - A. - 3 - HC-KAR NC: 2025:KHC:49080 WP No. 4981 of 2023 2. Heard the learned counsel for the parties. 3. Petitioner herein has filed OS No.6881/2016 seeking the relief of possession of the suit schedule property and OS No.9870/2014 is filed seeking the relief of specific performance of the agreement for sale dated 15.04.2011. It appears that the aforesaid two suits are clubbed and tried together before the Court of XXXVII Addl. City Civil and Sessions Judge, Bengaluru and IA No.4/2022 was filed in the aforesaid two suits on behalf of the plaintiff in OS No.9870/2014 under Order 16 Rules 1 and 2 of CPC seeking permission of the Trial Court to examine the witnesses named in the application. The said application was opposed by the contesting defendants and the Trial Court vide the order impugned has allowed the application. Being aggrieved by the same, defendant No.1 in OS No.9870/2014, who is plaintiff in OS No.6881/2016 is before this Court. 4. Perusal of the material on record would go to show that OS No.9870/2014 was filed by Smt. Sunitha R. and Smt. Sunitha V.N., seeking the relief of specific performance and the - 4 - HC-KAR NC: 2025:KHC:49080 WP No. 4981 of 2023 petitioner herein is the defendant in the said suit. Parties to the aforesaid two suits had earlier approached this Court in WP No.45281/2017 and WP No.18704/2019 and this Court had disposed off the aforesaid two writ petitions by a common order. In WP No.45281/2017, this Court has observed as follows:- "Both the sides having argued the matter for some time, are now in gracious agreement with the suggestion of this Court that petitioner is permitted to go out of the suit fray in O.S.No.6881/2016 subject to the rider that he shall not participate either in this suit or in the other suit hereafter as a witness or otherwise in respect of the subject property and that the said suit be tried & disposed off on its intrinsic merits against the parties who remain after this deletion from the cause title. Ordered accordingly, writ petition is disposed off; all contentions of the parties having been kept open." 5. From a reading of the aforesaid, it is very clear that Smt. R. Sunitha, who was plaintiff No.1 in OS No.9870/2014 was permitted to go out of the suit fray in OS No.6881/2016 subject to the rider that she shall not participate either in - 5 - HC-KAR NC: 2025:KHC:49080 WP No. 4981 of 2023 O.S.No.6881/2016 or in the other suit hereafter as a witness or otherwise in respect of the subject property and that the said suit be tried and disposed off on its intrinsic merits against the parties who remain after deletion from the cause title. 6. In view of the said order passed by this Court while disposing of WP No.45281/2017, the Trial Court could not have allowed IA No.4/2022, insofar as it relates to summoning the aforesaid Smt. Sunitha R, as a witness in the suit. Therefore, to the said extent, the order impugned cannot be sustained. Accordingly, the following order:- 7. The writ petition is partly allowed. The impugned order dated 07.01.2023 passed on IA No.4/2022 in OS No.9870/2014 C/w OS No.6881/2016 by the Court of XXXVII Addl. City Civil and Sessions Judge, Bengaluru, insofar as it relates to summoning Smt. R. Sunitha as a witness in the aforesaid two suits is set-aside and the said order insofar as it relates to summoning the other witness named in the application, i.e., R.Honnesh is concerned is confirmed. - 6 - HC-KAR NC: 2025:KHC:49080 WP No. 4981 of 2023 8. In view of the disposal of the main petition, pending interlocutory application if any, do not survive for consideration. Accordingly, the same is disposed off. 9. It is needless to state that since the suit is of the year 2014, the Trial Court shall make endeavours to dispose off the suit on merits as expeditiously as possible. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 11