- 1 - HC-KAR NC: 2025:KHC:54187 WP No. 22236 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 22236 OF 2021 (GM-CPC) BETWEEN: 1. SRI VENKATA NARAYANA S/O LATE K.R. SATHYANARAYANA AGED ABOUT 53 YEARS R/AT NO.84, SONAPANAHLLI BETHAHALSUR POST YELAHANAKA HOBLI BENGALURU NORTH BENGALURU - 562 157. 2. 2a. SRI SHAMACHARI K.C S/O SRI CHANNACHARI SINCE DECEASED REP BY HIS LRS SMT. MUNINAJAMMA W/O LATE SHAMACHARI AGED ABOUT 79 YEARS R/AT NO.57/1, 2ND CROSS SANJAYAN NAGARA, MARATHALLI BENGALURU - 560 037. 2b. SMT. KANTHAMMA D/O LATE SHAMACHARI AGED ABOUT 63 YEARS R/AT NO.42, 1ST CROSS SANJAYA NAGARA MARTHAHALLI, VARTHUR HOBLI BENGALURU EAST TQ BENGALURU - 560 037. 2c. SMT. BHAGAYMMA D/O LATE SHAMACHARI W/O MOHAN AGED ABOUT 61 YEARS R/AT NO.2, 1ST CROSS GOVT SCHOOL ROAD Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54187 WP No. 22236 of 2021 SANJAYA NAGARA MARTHALLAI, VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU - 560 037. 2d. SMT. PADMAVATHAMMA D/O LATE SHAMACHARI W/O LT SHANKARACHARI AGED ABOUT 59 YEARS R/AT NO 41, 1ST CROSS SANJAYA NAGARA, MARTHALLI VARTHIR HOBLI BENGALURU EAST TQ BENGALURU 560 037. 2e. SMT. GEETHAMMA D/O LATE SHAMACHARI W/O P.V. MOHAN AGED ABOUT 55 YEARS R/AT NO.41, 1ST CROSS SANJAYA NAGARA MARTHALLI, VARTHIR HOBLI BENGALURU EAST TALUK BENGALURU - 560 037. 2f. SMT. PARVATHAMMA S/O LATE SHAMACHARI W/O VNEKATANARAYANACHARI AGED ABOUT 53 YEARS R/AT NO.84, SONNAPPANAHALLI BETHALASURU, YELHANKA HOBLI BENGALURU - 562 157. 2g. SUGUNACHARI K.S S/O LATE SHAMACHARI AGED ABOUT 50 YEARS R/AT NO.57, 2ND CROSS SANJAYA NAGARA MARTHAHALLI, VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU - 560 037. …PETITIONERS (BY SRI KISHORE K, ADV., FOR SRI H.V. PRAVEEN GOWDA, ADV.) - 3 - HC-KAR NC: 2025:KHC:54187 WP No. 22236 of 2021 AND: 1. SRI M.S. HARISH @ SRI ANANDDA OJASWIN S/O LT K R SATHYANARAYANA R/AT NO.81, SRI SAI KRUPA ULLAL MAIN ROAD BENGALURU - 560 056. 2. SRI BASAVACHARI K.S S/O LATE CHAMACHARI AGED ABOUT 57 YEARS R/AT NO.57/1, 2ND CROSS SANJAYA NAGARA MARTHALLI, VARTHUR HOBLI BENGALURU - 560 037. …RESPONDENTS (BY SRI YOGESH M, ADV., FOR SRI MANJUNATHA V, ADV., FOR R-1; V/O DTD:13.12.2021, NOTICE TO R-2 IS STANDS WAIVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.10.2021 PASSED IN I.A.1/NO.10 AND 11 O.S.NO.3975/2010 BY THE HONBLE VII ADDL. CITY CIVIL AND SESSION JUDGE, BANGALORE (CCCH-19) AT ANNEXURE-A. 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. Defendants are before this Court in this writ petition filed under Article 227 of the Constitution of India assailing the order dated 18.10.2021 passed on I.A.Nos.10 and 11 in - 4 - HC-KAR NC: 2025:KHC:54187 WP No. 22236 of 2021 O.S.No. 3975 of 2010 by the Court of VII Addl. City Civil & Sessions Judge, Bengaluru. 2. Heard the learned counsel appearing for the parties. 3. I.A.Nos.10 and 11 were filed on behalf of the contesting defendants in O.S.No.3975 of 2010 pending before the Court of VII Additional City Civil and Sessions Judge, Bangalore, under Section 151 of CPC and under Order XVIII Rule 17 of CPC with prayers to recall the stage of the suit and to recall PW1 for cross-examination. The said applications were opposed by the plaintiff by filing objection. The trial Court, vide the order impugned has rejected I.A.Nos.10 and 11. Being aggrieved by the same, the contesting defendants are before this Court. 4. Learned counsel for the contesting respondent / plaintiff submits that prayer made in this writ petition may be granted subject to costs and the trial Court may be directed to expedite the trial and dispose of the suit on merits at the earliest. - 5 - HC-KAR NC: 2025:KHC:54187 WP No. 22236 of 2021 5. The said submission is placed on the record. 6. The material on record would go to show that though defendants were granted sufficient opportunity to cross examine PW1, they had not utilised the said opportunities and had failed to cross-examine PW1. It is under these circumstances the trial Court had rejected I.A.Nos.10 and 11. However, in view of the submissions made on behalf of the contesting respondent / plaintiff the prayer made in I.A.No.10 and 11 can be granted subject to imposing appropriate costs. 7. Accordingly, the following:- ORDER (i) Writ petition is allowed. (ii) The impugned order dated 18.10.2021 passed on I.A.Nos.10 and 11 in O.S.No.3975 of 2010 by the Court of VII Addl. City Civil & Sessions Judge, Bengaluru is set aside and consequently the prayer made in the said applications is allowed subject to payment of cost of Rs.7,500/-. (iii) It is made clear that PW1 shall be cross- examined by the petitioners on the day he - 6 - HC-KAR NC: 2025:KHC:54187 WP No. 22236 of 2021 keeps himself present before the trial Court for the purpose of his cross-examination without seeking any further adjournments. (iv) Costs imposed shall be paid by the petitioners herein to the plaintiff before the trial Court on the next date of hearing. (v) Since the suit is of the year 2010, the trial Court shall make endeavours to expedite the trial and dispose of the suit at the earliest but not later than a period of eight months from the date of receipt of copy of this order. Pending IAs' do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 22