- 1 - HC-KAR NC: 2026:KHC:10926 WP No. 26207 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26207 OF 2025 (GM-CPC) BETWEEN: SMT. REVATHI M S D/O SUBRAMANYAM, AGED ABOUT 53 YEARS, R/AT GROUND FLOOR, NO.74, 2ND A CROSS, 4TH MAIN, SRINIVASANAGARA, BSK 1ST STAGE, BENGALURU-560 050. …PETITIONER (BY SRI. LAKSHMIKANTH K, ADVOCATE) AND: 1. SRI B N RAGHAVENDRA S/O B N NARAYANA RAO, AGED ABOUT 47 YEARS, 2. SMT LAVANYA LATHA B N D/O B N NARAYANA RAO, AGED ABOUT 60 YEARS, BOTH ARE R/AT NO.38/2, 1ST MAIN, MOUNT JOY EXTENSION, HANUMANTHANAGARA, BENGALURU - 560 019. …RESPONDENTS (BY SRI. A V SRINIVAS, ADVOCATE) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD 19.07.2025 PASSED IN SC NO. 161/2021 ON THE APPLICATION FOR RE OPEN OF THE CASE AND FOR RE CALL THE FURTHER Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10926 WP No. 26207 of 2025 CROSS OF PW 2 BY LEARNED XX ADDL JUDGE AND ACJM VIDE ANNX-F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendant in S.C.No.161/2021 is directed against the impugned order, whereby the application filed by the petitioner under Order XVIII Rule 17 CPC to recall PW-2 for further cross-examination was rejected by the trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. Learned counsel for the petitioner and learned counsel for the respondents jointly submit that if the impugned order dated 19.07.2025 in S.C.No.161/2021 is set aside, the petitioner shall secure PW-2 and complete the cross-examination on a date to be fixed by the trial Court, without seeking any adjournment. 4. The aforesaid submission is placed on record. - 3 - HC-KAR NC: 2026:KHC:10926 WP No. 26207 of 2025 5. In view of the aforesaid facts and circumstances of the case and joint submission made by parties, I deem it just and appropriate to dispose of the petition by issuing certain directions. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The impugned order dated in 19.07.2025 in S.C.No.161/2021 on the file of XX Additional Judge and ACJM, Bengaluru, is hereby set aside. iii) The application under Order XVIII Rule 17 read with Section 151 of CPC, filed by the petitioner to further cross examine PW-2 is allowed subject to the condition that it shall be the sole responsibility/duty of the petitioner to secure the presence of PW-2 for further cross examination. iv) It is made clear that in the event petitioner is not in a position to secure PW-2 for further cross examination for any reason whatsoever, the impugned order shall stand confirmed. - 4 - HC-KAR NC: 2026:KHC:10926 WP No. 26207 of 2025 v) The trial Court is directed to dispose of the suit as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 76