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2025 DAILYLAW 89906 (KAR)

SRI SAMI ULLA v. M/S MANIPAL ACADEMY OF HIGHER EDUCATION

WP/22366/2025 · 2025-08-20

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32562 WP No. 22366 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22366 OF 2025 (GM-CPC) BETWEEN: 1. SRI. SAMI ULLA, S/O MOHAMMED HASHIM, AGED ABOUT 49 YEARS, R/A: SY NO.4, 131 LASKHMISAGAR ROAD, NEAR CHANDAPURA FLYOVER, ELECTRONIC CITY, BENGALURU - 560 081. 2. DR. RITU CHAUHAN, W/O PRAVEEN, AGED ABOUT 49 YEARS, R/A: SY NO.4, 131 , LAKSHMISAGAR ROAD, NEAR CHANDAPURA FLYOVER, ELECTRONIC CITY, BANGALORE - 560 081. …PETITIONERS (BY SRI. S. SREEVATSA, SENIOR COUNSEL FOR SRI. SHRAVAN MADHAV K.P., ADVOCATE) AND: 1. M/S MANIPAL ACADEMY OF HIGHER EDUCATION A PUBLIC TRUST, HAVING ITS REGISTERED OFFICE AT MADHAV NAGAR, MANIPAL - 576 104, KARNATAKA, REPRESENTED BY ITS TRUSTEE, DR. H.S. BALLAL. Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32562 WP No. 22366 of 2025 2. MANIPAL ACADEMY OF HIGHER EDUCATION (DEEMED UNIVERSITY), CURRENTLY AN INSTITUTION OF EMINENCE DEEMED TO BE UNIVERSITY, OFFICE AT: MADHAV NAGAR, MANIPAL, KARNATAKA - 576 104, REPRESENTED BY ITS AUTHORIZED SIGNATORY DR. GIRIDHAR KINI. …RESPONDENTS (BY SRI. DHYAN CHANNAPPA, SENIOR COUNSEL FOR SRI. MANU PRABHAKAR KULKARNI, ADV. FOR C/R1 & R2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF THE LEARNED TRIAL JUDGE DATED 11.07.2025 ON IA FILED ON 11.07.2025 AND ORDER DATED 21.07.2025 ON IA FILED ON 21.07.2025 AND GRANT TWO-WEEKS’ TIME FOR CROSS-EXAMINATION OF PW-1 ON RECEIPT OF CERTIFIED COPIES AND PERMIT THE PETITIONERS TO CROSS EXAMINE PW-1 AND GRANT SUCH OTHER FURTHER RELIEF OR RELIEFS THAT THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTERESTS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32562 WP No. 22366 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.S.Sreevatsa, learned Senior Counsel for Sri.Shravan Madhav K.P., appearing for the petitioners, Sri.Dhyan Chinnappa, learned Senior Counsel for Sri.Manu Prabhakar Kulkarni, appearing for the respondents and have perused the material on record. 2. Petitioners are before this Court calling in question orders dated 11.07.2025 and 21.07.2025 passed on an application seeking cross-examination of PW.1. This Court by way of an interim order had directed the concerned Court to defer its proceedings. 3. Learned Senior Counsel appearing for the petitioners and learned Senior Counsel appearing for the respondents would submit that if the cross-examination is permitted within a time frame that this Court would direct, it would suffice and there would be closure of the proceedings qua the examination at least. - 4 - HC-KAR NC: 2025:KHC:32562 WP No. 22366 of 2025 4. Learned Senior Counsel for the petitioners submits that, he would commence cross-examination from 08.09.2025 and complete it expeditiously. Therefore, the concerned Court would be at liberty to regulate its procedure qua the time that is to be granted for cross-examination, in accordance with law. 5. In the light of the said submission made by both the parties, the order impugned as a matter of form, shall stand quashed, the matter is remitted back to the concerned Court to permit the petitioners to begin the cross-examination from 08.09.2025 and regulate its procedure thereafter. The concerned Court shall also bear in mind that permission of cross-examination should not become a ruse to drag the proceedings. Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 110