- 1 - HC-KAR NC: 2026:KHC:7556 WP No. 35524 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35524 OF 2024 (GM-CPC) BETWEEN: SRI MANISH MODANI S/O.SRI. K.G.MODANI AGED ABOUT 49 YEARS, R/O. NVIDIA GRAPHICS PVT. LTD, SY.NO. 144, 145, COMMERZONE NO.5, OFF AIRPORT ROAD, YERAWADA, PUNE, MAHARASHTRA 411006 …PETITIONER (BY SRI. CHAITANYA S G, ADVOCATE) AND: 1. SRI PREMKUMAR A C W/O LATE K.E. KARUNAKAR AGED ABOUT 61 YEARS R/A 18, VASANTHAM, S.N.NAGAR HOUSING COLONY, CHALA P.O. THOTTADA, KANNUR DISTRICT – 670 007. REP BY HIS GPA HOLDER, SMT. MALINI CHANDRASHEKHAR, W/O. R.CHANDRASHEKHAR, AGED ABOUT 57 YEARS R/AT NO RG-405, PURVA RIVIERA, MUNNEKOLALA, MARATHAHALLI BENGALURU - 560 037. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7556 WP No. 35524 of 2024 2. SMT BELA MODANI W/O. MANISH MODANI, AGED ABOUT 41 YEARS, R/O. RCA-601, PURVA RIVIERA, MUNNEKOLALA, MARATHAHALLI, BENGALURU – 560 037. …RESPONDENTS (BY SRI. RAKSHITH KUMAR, ADVOCATE FOR R1; SRI.D.PRABHAKAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND SET ASIDE THE IMPUGNED ORDER AT ANNEXURE-A ON I.A.NO.4 AND 5 PASSED BY THE COURT OF HON’BLE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-26) IN O.S.NO.6953/2018 ON 20/11/2024 AND PERMIT THE PETITIONER TO CROSS EXAMINE THE R1 / PLAINTIFF (PW1) AND ETC. THIS PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendant No.1 in O.S.No.6953/2018 on the file of the X Additional City Civil and Sessions Judge, Bengaluru, is directed against the impugned order dated 20.11.2024, whereby the applications I.A.Nos.IV and V filed by the petitioner- defendant No.1 to re-open the case and to recall PW1 for cross-examination were rejected by the trial Court. - 3 - HC-KAR NC: 2026:KHC:7556 WP No. 35524 of 2024 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the respondent No.1-plaintiff instituted the aforesaid suit against the petitioner-defendant No.1 and respondent No.2-defendant No.2 for eviction/ejectment from the suit schedule immovable property and for other reliefs. The petitioner-defendant No.1 is contesting the suit. The respondent No.1 - plaintiff examined himself as PW1 and was not cross examined by the petitioner, who subsequently filed the instant applications for re-opening the case and for permission to cross examine PW1. The said applications having been opposed by the respondent No.1-plaintiff, the Trial Court proceeded to pass the impugned order rejecting the applications, aggrieved by which, the petitioner is before this Court by way of the present petition. 4. A perusal of the impugned order will indicate that the trial Court has refused to show any indulgence in favour of the petitioner on the ground that the petitioner was unnecessarily protracting the proceedings. However, having regard to the specific submission made on behalf of the petitioner that if one more - 4 - HC-KAR NC: 2026:KHC:7556 WP No. 35524 of 2024 opportunity is granted, the petitioner would complete the cross examination of PW1 on a date to be fixed by the trial Court without seeking any adjournment under any circumstances whatsoever, I deem it just and appropriate to adopt a justice oriented approach and set aside the impugned order and allow the applications filed by the petitioner by imposing certain conditions. 5. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 20.11.2024 in O.S.No.6953/2018 on the file of the X Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside. iii) I.A.Nos.IV and V are allowed subject to petitioner paying cost of ₹25,000 to respondent No.1-plaintiff before the trial Court. iv) The trial Court before whom the suit is said to be posted on 30.04.2026 is directed to prepone the suit from that date to 16.02.2026. - 5 - HC-KAR NC: 2026:KHC:7556 WP No. 35524 of 2024 v) Liberty is reserved to the parties advance the suit from 30.04.2026 to 16.02.2026. vi) The petitioner is directed to complete the cross examination of PW-1 on any date to be fixed by the Trial Court, which shall proceed further and dispose of the suit within a period of four months from 16.02.2026. v) Upon the Trial Court preponing/advancing the matter from 30.04.2026 to 16.02.2026, petitioner/husband, Respondent No.1/landlord and Respondent No.2/ Petitioner's wife are directed to appear before the Trial Court either physically or through video conferencing on 16.02.2026. vi) Upon the parties appearing before the Trial Court either physically or through video conferencing on 16.02.2026, the Trial Court shall ascertain as to whether the petitioner and respondent No.2 would vacate and hand over vacant possession of the suit schedule premises to the respondent No.1 and shift to Gurgaon to the house of the petitioner. vii) In the event, the dispute between the petitioner and respondent No.2 is amicably resolved, as stated supra, by the - 6 - HC-KAR NC: 2026:KHC:7556 WP No. 35524 of 2024 Respondent No.2 vacating and handing over possession of the suit schedule premises to the Respondent No.1 and shifting to the house of the petitioner at Gurgaon, the Trial Court shall record such settlement and dispose of the suit immediately without any delay. viii) It is needless to state that if such a settlement between petitioner and Respondent No.2 does not take place as stated supra, the Trial Court shall permit the petitioner to cross-examine PW-1 as stated supra and the Trial Court shall dispose of the suit as stated herein on merits. ix) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS/DH List No.: 3 Sl No.: 6