- 1 - HC-KAR NC: 2025:KHC:51751 WP No. 7297 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 7297 OF 2021 (GM-CPC) BETWEEN: SRI N. REDDAPPA REDDY AGED ABOUT 45 YEARS S/O N MUNIRATHNAMA REDDY R/AT NO.401, SAI KRUPA HEERA 1ST MAIN ROAD BHUVANESHWARI NAGAR BENGALURU - 560 093. …PETITIONER (BY SRI JAGADISH BALIGA N, ADV., FOR SRI VIJAYA KRISHNA BHAT M, ADV.) AND: 1. SRI M.N. ANANDRAJU AGED ABOUT 73 YEARS S/O SRI NATGESHAN R/AT BI, 21/32/7 VII MAIN, SAMPANGIRAMANAGAR BENGALURU - 560 027. 2. SRI KRISHNAMURTHY AGED ABOU T38 YEARS S/O LATE M N SWAMINATHAN R/AT NO.13, 1ST CROSS DODDAKATAPPA ROAD KUMUDA NILAYA BENGALURU - 560 008. 3. SRI B.G. BABUREDDY AGED ABOUT 61 YEARS S/O LATE GURUMURTHY REDDY R/AT NO.22, BGR COMPLEX OPPOSITE TO POST OFFICE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51751 WP No. 7297 of 2021 HAL III STAGE BENGALURU - 560 075. …RESPONDENTS (BY SRI MAHESHA M, ADV., -ABSENT R-2 SERVED & UNREPRESENTED; R-3 SERVICE OF NOTICE TO R-3 IS H/S) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.29.3.2021 PASSED BY THE PRINCIPAL SENIOR CIVIL JDUGE BENGALURU RURAL DISTRICT BENGALURU IN O.S.NO.1183/2011 PRODUCED AS ANNEXURE-G AND CONSEQUENTLY ALLOW IA NO.11 AND 12 FILED BY THE PETITIONER AS PER ANNXURE-E , F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant no.3 is before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set aside the order dated 29.03.2021 passed on IA.nos.11 & 12 in O.S.No.1183/2011 by the Court of Prl. Senior Civil Judge, Bengaluru Rural District, Bengaluru. 2. Heard. - 3 - HC-KAR NC: 2025:KHC:51751 WP No. 7297 of 2021 3. O.S.No.1183/2011 is filed by respondent no.1 herein seeking the relief of declaration of title and for cancellation of the sale deed executed by defendant no.1 in favour of defendant no.2. It appears that petitioner herein who had purchased the suit schedule property under a registered sale deed dated 23.09.2011 was subsequently impleaded as defendant no.3 in the suit. 4. Defendant nos.1 & 2 are placed ex-parte before the Trial Court, and petitioner who is defendant no.3 has filed written statement and has contested the suit claim. 5. IA.nos.11 & 12 were filed in O.S.No.1183/2011 on behalf of defendant no.3 with prayers to re-open the stage of the case and to recall PW-1 for cross-examination. 6. It appears that the plaintiff had not opposed the said application. However, the Trial Court vide the order impugned dated 29.03.2021 has rejected the said application. Being aggrieved by the same, defendant no.3 is before this Court. 7. Plaintiff has filed O.S.No.1183/2011 with a prayer to declare him as the absolute owner in possession of the suit - 4 - HC-KAR NC: 2025:KHC:51751 WP No. 7297 of 2021 schedule property and he also had sought to declare the sale deed dated 21.07.2007 executed by defendant no.1 in favour of defendant no.2 as null and void. 8. It appears that even prior to filing of the present suit, petitioner herein who was subsequently impleaded as defendant no.3 in the suit, had purchased the suit schedule property under a registered sale deed dated 23.09.2011. Defendant nos.1 & 2 in this suit are placed ex-parte before the Trial Court and only defendant no.3 has contested the suit by filing written statement. 9. During the course of trial, plaintiff has examined himself as PW-1. Since defendant no.3 had not cross-examined PW-1, the Trial Court had taken the cross-examination of PW-1 on behalf of defendant no.3 as nil and had posted the matter for defendants' evidence. 10. IA.nos.8 & 10 were earlier filed on behalf of defendant no.3 with a prayer to re-open the stage of the case and permit defendant no.3 to cross-examine PW-1. The said application was allowed by the Trial Court, subject to payment of cost of - 5 - HC-KAR NC: 2025:KHC:51751 WP No. 7297 of 2021 Rs.750/-. It appears that defendant no.3 had not paid the aforesaid cost nor had cross-examined PW-1 on the date on which he had appeared before the Trial Court for the purpose of his cross-examination. On the ground that the Senior Advocate appearing on behalf of defendant no.3 was not well, time was sought on behalf of defendant no.3 to cross-examine PW-1. The Trial Court had rejected the said request and had once again taken the cross-examination of PW-1 as nil and posted the matter for defendants' evidence. It is under these circumstances, IA.nos.11 & 12 were filed on behalf of defendant no.3 once again with a prayer to re-open the stage of the case and recall PW-1 for the purpose of cross- examination. 11. It is relevant to note here that the plaintiff had not filed any objection for the prayers made in IA.nos.11 & 12 on behalf of defendant no.3. However, the Trial Court on the ground that defendant had not utilized the opportunity granted to him earlier to cross-examine PW-1, has rejected the prayer made in IA.nos.11 & 12. - 6 - HC-KAR NC: 2025:KHC:51751 WP No. 7297 of 2021 12. In my considered opinion, the said approach of the Trial Court was not justified, and if an opportunity of cross- examining PW-1 is not granted to defendant no.3, his case is likely to be prejudiced. The inconvenience caused to the other side can be compensated monetarily. Accordingly, the following order: 13. Writ petition is allowed. The impugned order dated 29.03.2021 passed on IA.nos.11 & 12 in O.S.No.1183/2011 by the Court of Prl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, is set aside. Consequently, the prayer made in IA.nos.11 & 12 are granted, subject to payment of cost of Rs.10,000/-. 14. It is needless to state that defendant no.3 shall cross- examine PW-1 on the date PW-1 keeps himself present before the Trial Court for his cross-examination. 15. It is noticed that this Court while issuing notice to the respondent by order dated 09.04.2021 had directed the petitioner to deposit a sum of Rs.10,000/- in the Registry of this Court from which the likely costs if imposed will be - 7 - HC-KAR NC: 2025:KHC:51751 WP No. 7297 of 2021 defrayed. In view of the aforesaid, respondent no.1/plaintiff is permitted to withdraw the aforesaid amount of Rs.10,000/- deposited before this Court. Sd/- (S VISHWAJITH SHETTY) JUDGE KK