Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:8328 WP No. 20153 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 20153 OF 2024 (GM-CPC) BETWEEN:
SRI T S MADHURANATH S/O LATE R. V. SATYANARAYANA, AGED ABOUT 56 YEARS, R/AT NO. 16, 3 RD CROSS, ASHOK NAGAR, BSK 1 (ST) STAGE, BENGALURU-560 050. …PETITIONER (BY SRI. PRASHANTH H S.,ADVOCATE) AND:
SMT B N RAMADEVI W/O SRI. RABINDRANATH, AGED ABOUT 63 YEARS R/AT NO. 11, 33 RD CROSS, 11TH MAIN ROAD, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560011 ALSO AT NO. 9 (OLD NO.53/4), 4TH MAIN ROAD, MOUNT JOY EXTENSION, BENGALURU 560050 …RESPONDENT (BY SRI. RAGHAVENDRA K.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOSET ASIDE THE ORDER DTD Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:8328 WP No. 20153 of 2024 2.07.2024 PASSED BY THE 9TH ADDL CITY CIVIL JUDGE BENGALURU IN OS NO. 3201/2016 VIDE ANNX-A AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.3201/2016 is
directed against the impugned order dated 02.07.2024, whereby the applications filed by the petitioner under Order XVI Rule 1 read with Section 151 of CPC and under Section 151 of CPC for permission to lead further evidence by reopening the case, were dismissed by the trial Court.
2.
Learned counsel for the petitioner submits that the petitioner intends to examine three witnesses and the petitioner would do so on the next date of hearing of the suit which currently stands posted on 06.03.2026 without seeking any adjournment under any circumstances whatsoever. It is therefore submitted that the impugned order passed by the trial Court be set aside and the application filed by the petitioner be
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HC-KAR NC: 2026:KHC:8328 WP No. 20153 of 2024 allowed by permitting the petitioner to adduce further evidence on the next date of hearing of the suit.
3. Per contra learned counsel for the respondent submits that he has no objection for grant of permission to the petitioner to adduce further evidence and that the trial Court may be directed to dispose of the suit within a stipulated time frame.
4. In view of the aforesaid facts and circumstances, I deem it just and appropriate to set aside the impugned order and allow the applications filed by the petitioner by issuing certain directions.
5. In the result, the following -
ORDER (i) The writ petition is allowed. (ii) The impugned order dated 0.07.2024 passed by the 9th Additional City Civil Judge, Bengaluru, in O.S. No.3201/2016 is set aside. (iii) The application filed by the plaintiff under
Order XVI Rule 1 read with Section 151 of CPC and
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HC-KAR NC: 2026:KHC:8328 WP No. 20153 of 2024 application filed under Section 151 of CPC are allowed subject to the conditions, the petitioner adduces the evidence of the proposed witnesses on the next date of hearing of the suit which currently stands posted on 06.03.2026. (iv) Liberty is reserved in favour of respondents to cross examine the proposed witnesses examined by the plaintiff. (v) Upon completion of the additional evidence of the plaintiff, the trial Court shall proceed further and dispose of the suit within a period of four months thereafter. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 2 Sl No.: 55