- 1 - HC-KAR NC: 2026:KHC:11657 WP No. 12918 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 12918 OF 2022 (GM-CPC) BETWEEN: THE CHURCH OF SOUTH INDIA TRUST ASSOCIATION A CORPORATION CONSTITUTED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT, 1913, HAVING ITS OFFICE AT NO.5, ‘SYNOD SECRETARIAT’ WHITES ROAD, ROYAPETTAH, CHENNAI-600 014 REPRESENTED BY ITS DULY CONSTITUTED ATTORNEYS REV. PRASANNA KUMAR SAMUEL AND DR. VINCENT VINODKUMAR, THE BISHOP AND SECRETARY, RESPECTIVELY OF THE KARNATAKA CENTRAL DIOCESE, NO.20, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BANGALORE-560 027 …PETITIONER (BY SRI. PRADEEP KUMAR R.H FOR SRI. B.M. ARUN, ADVOCATE) AND: 1. MR. PRAKASH GANGARAM AGED 65 YEARS, S/O LATE N GANGARAM, HAVING HIS OFFICE AT GANGARAMS BOOK BUREAU, TRIUMPH TOWER, 2ND FLOOR, NO.48, CHURCH STREET, BENGALURU-560 001 - 2 - HC-KAR NC: 2026:KHC:11657 WP No. 12918 of 2022 2. THE CHURCH OF SOUTH INDIA TRUST ASSOCIATION KARNATAKA CENTRAL DIOCESE HAVING ITS OFFICE AT NO.20, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BANGALORE-560 027 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. ARVIND RAO FOR SRI. GEORGE JOSEPH, ADVOCATE FOR R1, NOTICE TO R2 IS D/W, V/O DATED 26/09/2023) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DTD 18.04.2022 PASSED BY THE LXXXII ADDL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-83) IN COM.O.S.NO.5803/2015, THEREBY DISMISSING I.As VII AND VIII FILED BY THE PETITIONER AND R2 / DEFENDANTS VIDE ANNEXURE-A AND CONSEQUENTIALLY, ALLOW I.A.NOS.VII AND VIII FILED BY THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The challenge in the present petition is to an order dated 18.04.2022 in O.S.No.5803/2015 passed by the LXXXII Addl. City Civil and Sessions Judge, Bengaluru (hereinafter referred to as the “Impugned Order”). By the Impugned Order, two applications filed by the petitioner/defendant - 3 - HC-KAR NC: 2026:KHC:11657 WP No. 12918 of 2022 No.1, i.e., IA No.VII under Section 151 CPC to reopen the case as well as IA No.VIII under Section 151 CPC to modify the case management hearing were dismissed with costs and the petitioner/defendant No.1 was directed to pay costs in the sum of Rs.2,000/- to the respondent No.1/plaintiff. 2. This Court, by its order dated 30.06.2022 had directed that the proceedings before the Learned Commercial Court shall remain stayed. That order has continued as such since then. 3. Learned counsel for the petitioner/defendant No.1 submits that he would restrict his prayer in the present petition to a direction that he be permitted to cross- examine the respondent No.1/plaintiff on one date and that he would not take any further adjournments before the learned Trial Court. 4. Learned counsel for the respondent No.1/plaintiff submits in the interest of expediency and on instructions - 4 - HC-KAR NC: 2026:KHC:11657 WP No. 12918 of 2022 that this suggestion is acceptable, provided that no additional time is granted to the petitioner/defendant No.1. 5. Accordingly, and in view of the consensus between the parties, this Court deems it apposite to modify the Impugned Order in the following terms: ORDER (i) The petitioner/defendant No.1 shall be permitted to cross-examine P.W.1 on the next date of hearing as fixed before the learned Trial Court. As prayed by the petitioner/defendant No.1, the cross-examination will be concluded on the same day itself. The respondent No.1/plaintiff will be permitted to re-examine, if necessary. (ii) Since the respondent No.1/plaintiff has already closed his evidence, the petitioner/defendant No.1 shall lead his evidence in accordance with the timelines fixed. - 5 - HC-KAR NC: 2026:KHC:11657 WP No. 12918 of 2022 (iii) The costs which were imposed by the learned Trial Court shall be paid to the respondent No.1/plaintiff on the next date of hearing. 6. Learned counsel for the parties submit that they will not take any unnecessary adjournments before the learned Trial Court. The parties are bound down by the statement made by their counsels. 7. This petition is disposed of in the aforegoing terms. All pending applications stand closed. 8. It is made clear that this Court has not examined the matter on merits. The rights and contentions of the parties are left open to be agitated before the learned Trial Court. Sd/- (TARA VITASTA GANJU) JUDGE Yn / KS/JJ List No.: 2 Sl No.: 8 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA