- 1 - HC-KAR NC: 2026:KHC:17930 WP No. 1793 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1793 OF 2025 (GM-CPC) BETWEEN: M/S. NIKHIL CONSTRUCTION COMPANY PRIVATE LTD., HAVING ITS OFFICE AT NO.40. BASAPPA ROAD, SHANTHINAGAR BANGALORE – 560 022 (A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956) REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR SRI SUDARSHAN KUMAR MANCHANDA) …PETITIONER (BY SRI VIVEKANANDA S, ADV.) AND: 1. SRI M.S. RAGHU S/O SRI M. SUBBARAJU AGED AOUT 43 YEARS NO.61, AG'S LAYOUT NEW BEL ROAD BENGALURU – 560 054. 2. J. SHASHI KUMAR S/O SRI A. JAYARAM AGED ABOUT 45 YEARS NO.340, GRAPE GARDEN JALAHALLI VILLAGE BANGALORE – 560 013. …RESPONDENTS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17930 WP No. 1793 of 2025 (BY SRI S.V. BHAT, ADV. FOR R1: R2 IS SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 28.11.2024 PASSED IN OS NO. 5522/2012 ON THE FILE OF THE LEARNED LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-62) ON IA NOS. 20 AND 21 FILED UNDER ORDER XVIII RULE 17 CODE OF CIVIL PROCEDURE AND UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE RESPECTIVELY AT ANNEXURE -A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner–defendant No.1 has called in question the order dated 28.11.2024 passed on I.A.Nos.20 and 21 filed under Order XVIII Rule 17 read with Section 151 of CPC in O.S.No.5522/2012 by the LXI Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as the ‘Trial Court’ for short), whereby the said applications filed by the petitioner– defendant No.1 have been rejected. - 3 - HC-KAR NC: 2026:KHC:17930 WP No. 1793 of 2025 2. Respondent No.1–plaintiff has instituted a suit for specific performance of contract. Upon service of summons, the defendants appeared through counsel and filed their written statement. The Trial Court framed four issues based on the pleadings, and thereafter, the parties led their evidence. The evidence of PW-1 was closed on 18.11.2023. Thereafter, on 20.09.2024, the petitioner filed I.A.No.20 under Order XVIII Rule 17 of CPC and I.A. No.21 under Section 151 of CPC, seeking to recall PW-1 for further cross-examination by defendant No.1 and to reopen the plaintiff’s case, particularly with regard to the agreement dated 13.12.2002 referred to in the defendant’s pleadings. However, the Trial Court, without properly considering these aspects, erred in dismissing the said applications by the impugned order dated 28.11.2024. 3. The learned counsel for respondent No.1–plaintiff submits that PW-1 will be present on the next date of hearing, i.e., 04.04.2026. The defendants are therefore - 4 - HC-KAR NC: 2026:KHC:17930 WP No. 1793 of 2025 directed to complete the cross-examination of PW-1 on the said date without seeking any further adjournment. 4. In view of the above, following order is passed: ORDER a) The writ petition is allowed. b) The impugned order dated 28.11.2024 passed on I.A. Nos.20 and 21 filed under Order XVIII Rule 17 read with Section 151 of CPC in O.S. No.5522/2012 by the Trial Court is set aside. c) I.A.Nos.20 and 21 filed by the petitioner– defendant No.1 stand allowed, subject to the condition that on the next date of hearing, the petitioner–defendant No.1 shall cross- examine PW-1 without seeking any further adjournment. d) The Trial Court is directed to dispose of the suit, considering that it is of the year 2012, - 5 - HC-KAR NC: 2026:KHC:17930 WP No. 1793 of 2025 as expeditiously as possible, and in any event, not later than five months from the date of receipt of a certified copy of this order. All pending applications, if any, stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 60