- 1 - HC-KAR NC: 2026:KHC:15104 WP No. 3068 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 3068 OF 2021 (GM-CPC) BETWEEN: SRI. PARASHIVAMURTHY S/O. LATE PUTTAIAH, AGED ABOUT 67 YEARS, R/AT NO. U-23, 6TH MAIN ROAD, JABBAR BLOCK, RAJAMAHAL GUTTAHALLI, BENGALURU-560 003. …PETITIONER (BY SRI. SAI SHAKTI, ADVOCATE FOR SRI. SHASHIDHARA H N., H.S.SUHAS, ADVOCATE FOR PROPOSED LRS OF PETITIONER 1 (A-F)) AND: 1. SRI. D. P. MURAHARI S/O. LATE THIPPAIAH, AGED ABOUT 65 YEARS, R/AT OM NILAYA, OPP COURT, ROJIPURA, DODDABALLAPURA-561 203. 2. SMT. SHIVAKUMARI W/O. LATE SHIVAMURTHY, AGED ABOUT 73 YEARS, RESIDING AT LIC OF INDIA, KUNIGAL TOWN, TUMKUR DISTRICT-571 112. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15104 WP No. 3068 of 2021 3. SMT. VANITHA D/O. LATE SHIVAMURTHY, AGED ABOUT 55 YEARS, RESIDING AT LIC OF INDIA, KUNIGAL TOWN, TUMKUR DISTRICT-571 112. 4. SMT. SUMITHRA D/O. LATE SHIVAMURTHY, AGED ABOUT 53 YEARS, RESIDING AT LIC OF INDIA, KUNIGAL TOWN, TUMKUR DISTRICT-571 112. 5. SMT. REETA D/O. LATE SHIVAMURTHY, AGED ABOUT 41 YEARS, RESIDING AT LIC OF INDIA, KUNIGAL TOWN, TUMKUR DISTRICT-571 112. 6. SMT. AMBIKA D/O. LATE SHIVAMURTHY, AGED ABOUT 49 YEARS, RESIDING AT LIC OF INDIA, KUNIGAL TOWN, TUMKUR DISTRICT-571 112. 7. SMT. SUJATHA D/O. LATE SHIVAMURTHY, AGED ABOUT 47 YEARS, RESIDING AT LIC OF INDIA, KUNIGAL TOWN, TUMKUR DISTRICT-571 112. - 3 - HC-KAR NC: 2026:KHC:15104 WP No. 3068 of 2021 8. SRI. NANDISH S/O. LATE SHIVAMURTHY, AGED ABOUT 45 YEARS, RESIDING AT LIC OF INDIA, KUNIGAL TOWN, TUMKUR DISTRICT-571 112. 9. SMT. MAHADEVAMMA W/O. LATE D. P. SADASHIVAIAH, AGED ABOUT 60 YEARS, RESIDING AT 3RD CROSS, RAJAKEMPEGOWDANAGAR, NEW EXTENSION, CHANNAPATNA TALUK, BENGALURU DISTRICT-560 077. 10. SMT. PUSHPHA D/O. LATE D. P. SADASHIVAIAH, AGED ABOUT 40 YEARS, RESIDING AT 3RD CROSS, RAJAKEMPEGOWDANAGAR, NEW EXTENSION, CHANNAPATNA TALUK, BENGALURU DISTRICT-560 077. 11. SRI. YESHVANTH S/O. LATE D. P. SADASHIVAIAH, AGED ABOUT 38 YEARS, RESIDING AT 3RD CROSS, RAJAKEMPEGOWDANAGAR, NEW EXTENSION, CHANNAPATNA TALUK, BENGALURU DISTRICT-560 077. - 4 - HC-KAR NC: 2026:KHC:15104 WP No. 3068 of 2021 12. SRI. NANDISH S/O. LATE D. P. SADASHIVAIAH, AGED ABOUT 36 YEARS, RESIDING AT 3RD CROSS, RAJAKEMPEGOWDANAGAR, NEW EXTENSION, CHANNAPATNA TALUK, BENGALURU DISTRICT-560 077. 13. SRI. ARAVINDA S/O. LATE D. P. SADASHIVAIAH, AGED ABOUT 35 YEARS, RESIDING AT 3RD CROSS, RAJAKEMPEGOWDANAGAR, NEW EXTENSION, CHANNAPATNA TALUK, BENGALURU DISTRICT-560 077. 14. SMT. MAHESWARAMMA W/O. K. N. NARASIMMAIAH, D/O. LATE PUTTAIAH, AGED ABOUT 80 YEARS, R/AT NO. 10/39, 8TH MAIN ROAD, VIJAYANANDANAGAR, MAHALAKSHMI LAYOUT, BENGALURU-560 086. 15. SMT. JAGANMATHA W/O. T. RAMAMURTHY, D/O. LATE PUTTAIAH, AGED ABOUT 63 YEARS, R/AT NO.99, JABBAR BLOCK, 6TH MAIN ROAD, VYALIKAVAL, RAJAMAHAL, GUTTAHALLI, BENGALURU-560 003. - 5 - HC-KAR NC: 2026:KHC:15104 WP No. 3068 of 2021 16. SMT. SUVARNAVATHI W/O. LATE RAJANNA, D/O. LATE PUTTAIAH, AGED ABOUT 61 YEARS, R/AT NO.99, JABBAR BLOCK, 6TH MAIN ROAD, VYALIKAVAL, RAJAMAHAL, GUTTAHALLI, BENGALURU-560 003. 17. SMT. GAYATHRI W/O. SRI. GURURANGAPPA, D/O. LATE PUTTAIAH, AGED ABOUT 59 YEARS, R/AT NO.U-22, RJI COLONY, SRIRAMPURA, BENGALURU-560 021. …RESPONDENTS (BY SMT. PRAJWALA.S.N., ADVOCATE FOR SRI. AJITH KUMAR AS., ADVOCATE FOR R1; SRI. C.H.SRINIVASA, ADVOCATE FOR R15; R12, R16 AND R17 ARE SERVED BUT UNREPRESENTED) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE RECORDS IN O.S.NO.3034/2005 ON THE FILE OF THE VII ADDL. PRL. CIVIL AND SESSIONS JUDGE (CCH19), BENGALURU AND SET ASIDE THE ORDER ON I.A.NO.23 AND 24 IN O.S.NO.3034/2005 DATED 20.01.2021 VIDE ANNEXURE-A AND DIRECT THE COURT BELOW TO PROVIDE AN OPPORTUNITY TO THE DEFENDANT NO.7/PETITIONER TO CROSS-EXAMINED DW2 BY ALLOWING I.A.NOS.23 AND 24 IN O.S.NO.3034/2005 ON THE FILE OF THE VII ADDL. PRL CITY CIVIL AND SESSIONS JUDGE (CCH 19), BENGALURU, PRODUCED AT ANNEXURE-F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2026:KHC:15104 WP No. 3068 of 2021 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 20.01.2021 passed on I.A.Nos.23 and 24 in O.S.No.3034/2005 by the VII Additional Principal City Civil and Sessions Judge, Bengaluru (for short 'the Trial Court'). 2. Heard Sri.Sai Shakti, learned counsel for Sri.H.S.Suhas, learned counsel appearing for the proposed LRs of petitioner, Smt.Prajwala S.N., learned counsel for Sri.Ajith Kumar A.S., learned counsel appearing for respondent No.1 and Sri.Srinivas, learned counsel appearing for respondent No.15. 3. The short question that arises in this petition is that the respondent No.1 filed a suit for partition and separation of the suit schedule properties. In the said suit, the parties adduced evidence. The matter was posted for cross- examination of DW2 by the petitioner herein who is the defendant No.7 in this suit. On the said day, the defendant No.7 could not cross-examine DW2. Matter was adjourned. - 7 - HC-KAR NC: 2026:KHC:15104 WP No. 3068 of 2021 However, on 12.01.2021, the defendant No.1 / petitioner could not cross-examine the said witness. The Trial Court posted the matter for arguments. Immediately thereafter, the defendant No.7 / petitioner filed an application I.A.No.23 and I.A.No.24 to reopen the case and recall the said witness for further cross- examination, which came to be rejected under the impugned order. 4. At the outset, learned counsel appearing for defendant No.9 as well as the plaintiff submit that this court granted interim order and proceeding in the suit is stopped. Hence, they submit that appropriate order may be passed to dispose of the suit at the earliest. 5. The aforesaid submission is placed on record. 6. Having heard the counsel on both sides, it is to be noticed that there is some lapse on the part of defendant No.7 in not cross-examining the defendant - DW2 on the given date. However, it is to be noticed that the right to cross-examine is a substantive right available to the party. Considering the same, one opportunity needs to be provided to the petitioner to cross- examine DW2. - 8 - HC-KAR NC: 2026:KHC:15104 WP No. 3068 of 2021 7. Hence, I proceed to pass the following: O R D E R (i) The writ petition is allowed. (ii) The impugned order dated 20.01.2021 passed on I.A.No.23 and I.A.No.24 in O.S.3034/2005 on the file of VII Additional Principal City Civil and Sessions Judge, Bengaluru is set aside. (iii) Consequently, I.A.No.23 and I.A.No.24 filed by the petitioner/defendant No.7 are allowed. (iv) DW2 shall remain present before the court on 02.04.2026. On the said day or any other date assigned by the court, the petitioner shall cross-examine the said witness. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SS List No.: 1 Sl No.: 2