- 1 - HC-KAR NC: 2025:KHC:47024 WP No. 2443 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 2443 OF 2023 (GM-CPC) BETWEEN: 1. S USHADEVI, D/O LATE SIDDAPPA, AGED ABOUT 54 YEARS, NO 128, CHENNANAYAKANA PALYA, DODDABIDARAKALLU DHAKALE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK BENGALURU - 560 073. 2. R S BYREGOWDA, S/O LATE SIDDAPPA, AGED ABOUT 52 YEARS, NO 128, CHENNANAYAKANA PALYA, DODDABIDARAKALLU DHAKALE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BENGALURU - 560 073. 3. S ASHOK, S/O LATE SIDDAPPA, AGED ABOUT 50 YEARS, NO 128, CHENNANAYAKANA PALYA, DODDABIDARAKALLU DHAKALE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BENGALURU - 560 073. 4. S VIJAYALAKSHMI, D/O LATE SIDDAPPA, AGED ABOUT 49 YEARS, NO 128, CHENNANAYAKANA PALYA, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47024 WP No. 2443 of 2023 DODDABIDARAKALLU DHAKALE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BENGALURU - 560 073. …PETITIONERS (BY SRI. LAKSHMISH G., ADVOCATE) AND: 1. H PUTTAIAH (DEAD), S/O LATE SRI HANUMAIAH, AGED ABOUT 81 YEARS, R/AT CHENNANAYAKANA PALYA, DODDABIDARAKALLU DHAKALE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BENGALURU - 560 073. 2. RANGAMMA, W/O LATE PUTTAIAH.H, AGED ABOUT 77 YEARS, RESIDING AT NO. 229, SRI. BYRAVESHWARA NILAYA, CHENNANAYAKKANA PALYA, NAGASANDRA POST, BENGALURU - 560 073. 3. ANSUYA. P, D/O LATE PUTTAIAH.H, W/O VIJAYA K P, AGED ABOUT 56 YEARS, RESIDING AT NO. 19/1, 11TH MAIN, AMMA MAHESHWARI TEMPLE, KAMAKSHIPALYA BASAVESHWARNAGAR, BANGALORE - 560 079. 4. ARUN KUMAR, S/O LATE PUTAIAH.H, AGED ABOUT 55 YEARS, RESIDING AT NO.229, - 3 - HC-KAR NC: 2025:KHC:47024 WP No. 2443 of 2023 SRI. BYRAVESHWARA NILAYA, CHENNANAYAKKANA PALYA, NAGASANDRA POST, BENGALURU - 560 073. 5. SMT. ASHA, D/O LATE PUTTAIAH, AGED ABOUT 52 YEARS, NO.1320, RBI ROAD, NEAR OM SHIVA SHAKTHINAGAR, JP NAGAR, 7TH PHASE, BENGALURU - 560 062. 6. ASHWIN KUMAR P, D/O LATE PUTTAIAH. H, AGED ABOUT 45 YEARS, RESIDING AT NO.229, SRI. BYRAVESHWARA NILAYA, CHENNANAYAKKANA PALYA, NAGASANDRA POST, BENGALURU - 560 073. 7. SMT GORAMMA (DEAD), W/O LATE HANUMANTHARAYAPPA, AGED ABOUT 81 YEARS, 8. SRI SUNIL, S/O LATE JAYARAJ, AGED ABOUT 31 YEARS, RESPONDENT NOS. 2 & 3 ARE R/AT NO 203, 2ND FLOOR, GOLDEN LEAF APARTMENTS, 15TH F CROSS, NEAR JP PARK, MUTHYALANMMANAGAR, BANGALORE - 560 054. 9. SRI RANGANATHA, S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 60 YEARS, R/AT NO 104, B BLOCK , - 4 - HC-KAR NC: 2025:KHC:47024 WP No. 2443 of 2023 MUTHYALANMMANAGAR, BANGALORE - 560 054. 10. SMT MANJULA, S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 58 YEARS, R/AT NO 947, 2ND MAIN ROAD , 9TH CROSS, DEEVANARALAPALYA, GOKULAM EXTENSION, YESHWANTHPURA, BANGALORE - 560 054. 11. SRI VASUDEV (DEAD), S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 56 YEARS, R/AT NO 18, 4TH CROSS, 9TH MAIN ROAD, K N EXTENSION, YESHWANTHPUR, BANGALORE - 560 022. 12. SMT.NIVEDITHA, W/O KESHAVA, D/O LATE VASUDEV, AGED ABOUT 33 YEARS, NO.1120/A, 10TH D CROSS, WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BENGALURU - 560 086. 13. SMT. POOJA, D/O LATE VASUDEV, AGED ABOUT 29 YEARS, PRESENTLY RESIDING AT NO. 103, SRS ARCHADE, 12TH D MAIN ROAD, MUTHYALAMMA NAGAR, BENGALURU - 560 054. 14.. CHENNAPPA, S/O SRI BYLAPPA, AGED ABOUT 75 YEARS, R/AT THIPPENAHALLI, - 5 - HC-KAR NC: 2025:KHC:47024 WP No. 2443 of 2023 YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BENGALURU - 560 073. 15. RADHAKRISHANA, AGED ABOUT 84 YEARS, S/O HANUMANTHARAYAPPA, RESIDING AR NO.19, 4TH CROSS, 9TH MAIN ROAD, HANUMANTHARAYAPPA, COMPOUND, K.N.EXTENSION, YASHAWANTHAPURA, BENGALURU - 560 022. …RESPONDENTS (BY SRI. SRINIVASA MURTHY D., ADVOCATE FOR R1, R3 TO R7 AND ALSO FOR PROPOSED R1(A-E); R8- SERVED AND UNREPRESENTED; R4 TO R6 AND R8 ARE TREATED AS LRS OF R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ANNX-H COMMON ORDER DTD 16.01.2023 PASSED BY THE HONBLE I ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE IN O.S.NO.8/1997, REJECTING THE INTERLOCUTORY APPLICATION NO.21 UNDER SECTION 151 OF CIVIL PROCEDURE CODE WITH A PRAYER TO DIRECT THE COURT COMMISSIONER TO TENDER HIMSELF FOR CROSS EXAMINATION AND INTERLOCUTORY APPLICATION NO.22 FILED UNDER SECTION 151 OF CIVIL PROCEDURE CODE TO RECALL THE ORDER DTD 07.06.2022 TO REOPEN THE DEFENDANTS EVIDENCE TO ENABLE THE CROSS- EXAMINATION OF THE COURT COMMISSIONER., AND ETC. - 6 - HC-KAR NC: 2025:KHC:47024 WP No. 2443 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This writ petition under Article 227 of the Constitution of India is filed by defendant Nos.2 to 5 with a prayer to set aside the order dated 16.01.2023 passed on I.A.Nos.21 and 22 in O.S.No.8/1997 by the Court of I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru. 2. Heard the learned counsel for the parties. 3. Suit in O.S.No.8/1997 is filed before the Jurisdictional Civil Court seeking the relief of specific performance of the sale agreement dated 19.11.1990 and for consequential reliefs. The contesting defendants have filed written statement and opposed the suit claim. During the course of trial I.A.Nos.21 and 22 were filed on behalf of the defendants under Section 151 of CPC to reopen the case and to permit the defendants to cross-examine the - 7 - HC-KAR NC: 2025:KHC:47024 WP No. 2443 of 2023 Court Commissioner CW-1. The said applications were opposed by the plaintiffs by filing objection. The trial Court vide the order impugned has rejected the applications with cost and being aggrieved by the same defendant Nos.2 to 5 are before the Court. 4. Learned counsel for the petitioners submits that applications have been dismissed primarily on two grounds, first is for the reason that applications were not supported by the affidavit of the party and the second is that though sufficient opportunity was given to the defendants to cross-examine the Court Commissioner (CW-1) they had not utilised the same. 5. Per Contra, learned counsel for respondents submits that suit is of the year 1997. Defendants are in the habit of filing repeated applications. The defendants may be directed to examine the Court Commissioner (CW-1) on the day he appears before the Trial Court for - 8 - HC-KAR NC: 2025:KHC:47024 WP No. 2443 of 2023 the purpose of his cross-examination and the trial Court may also be directed to expeditiously dispose of the suit. 6. Submissions made on both sides placed on record. 7. Perusal of the material on record would go to show that a request was made on behalf of the defendants to permit them to cross-examine the Court Commissioner (CW-1) and on 28.10.2019, the said request was allowed subject to payment of cost of Rs.1,000 and the Court Commissioner (CW-1) was directed to appear before the Court for the purpose of his cross-examination on 30.11.2019. However on 30.11.2019, the Court Commissioner (CW-1) was not present before the Court and thereafter matter was being adjourned. Subsequently, due to COVID-19 pandemic, courts were closed for a considerable period of time. But the order sheet does not reflect that Court Commissioner (CW-1) was present on - 9 - HC-KAR NC: 2025:KHC:47024 WP No. 2443 of 2023 any given date and the defendants had not cross-examined him. 8. Under the circumstances, I am of the opinion that the Trial Court was not justified in rejecting I.A.Nos.21 and 22. Accordingly, the following: ORDER (i) The writ Petition is allowed. (ii) The order dated 16.01.2023 passed on I.A.Nos.21 and 22 in O.S.No.8/1997 by the Court of I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru is set aside and consequently, the prayer made in the said applications is granted. (iii) The petitioners are directed to cross-examine the Court Commissioner (CW-1) on the day he keeps himself present before the Court for the purpose of his cross-examination and it is made clear that no adjournment will be - 10 - HC-KAR NC: 2025:KHC:47024 WP No. 2443 of 2023 granted on the said date and in the event for any reason, the Court Commissioner (CW-1) is not cross-examined on behalf of the defendants, the day on which he appears before the Court, the Court shall proceed further in the matter in accordance with law. Since the suit is of the year 1997, the Trial Court shall make endeavours to expedite trial in the suit and dispose of the suit as expeditiously as possible, but not later than a period of four months from the date of receipt of certified copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 10