- 1 - HC-KAR NC: 2026:KHC:29371 WP No. 21967 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 21967 OF 2023 (GM-CPC) BETWEEN: DR. L. SAVITHA WIFE OF C. RAVIKUMAR, AGED 50 YEARS, R/A NO. 61, KAVISHAILA MARGA, KUVEMPU LAYOUT, DATTAGALLI III STAGE, MYSURU - 570 023. …PETITIONER (BY SRI. ABHISHEK M.R, ADVOCATE) AND: KAUTILYA VIDYALAYA REP. BY ITS CHAIRMAN, SRI. BABU, AGED 42 YEARS, RESIDING AT NO. 9/1, 13TH MAIN, J BLOCK, KANAKADASA NAGAR, DATTAGALLI, 3RD STAGE, MYSORE - 570 023. …RESPONDENT (BY SRI. S. RAJU, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29371 WP No. 21967 of 2023 DTD 19.09.2023 PASSED BY THE HONBLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT MYSURU ON I.A.NO.10 U/S 151 OF CPC AND I.A.NO.11 U/O 18 RULE 17 OF CPC FILED BY THE RESPONDENT IN O.S.NO.838/2021 ANNEXURE-E. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 19.09.2023 passed in O.S.No.838/2021 by the Principal Senior Civil Judge and CJM, Mysore (hereinafter referred to as the ‘Trial Court’ for short’). 2. Heard Sri. Abhishek M.R., learned counsel appearing for the petitioner and Sri. Raju S, learned counsel appearing for the respondent. 3. The petitioner has filed a suit against the respondent herein for recovery of money. In the said suit, the respondent filed a written statement. The parties have adduced evidence. Thereafter, the respondent filed an - 3 - HC-KAR NC: 2026:KHC:29371 WP No. 21967 of 2023 application in I.A.No.10 under Section 151 of CPC and I.A.No.11 under Order 18 Rule 17 of CPC seeking to reopen the case and recall PW1 for further cross- examination. The trial Court, considering the rival submissions, allowed both the applications on payment of costs of Rs.2,000/-. 4. The contention of the learned counsel for the petitioner is that the respondent/defendant is unnecessarily protracting the proceedings by changing counsel. The earlier counsel had fully cross-examined PW1, and only to delay the proceedings, such applications have been filed when the matter is posted for arguments. Hence, he seeks to allow the petition. 5. It is to be noticed that the Trial Court, considering the fact that the defendant has changed counsel and engaged new counsel, and on the advice of the new counsel, the applications are filed contending that some relevant questions could not be put to PW1 during the cross-examination and sought an opportunity, allowed - 4 - HC-KAR NC: 2026:KHC:29371 WP No. 21967 of 2023 the said request of the defendant under the impugned order. This Court cannot lose sight of the fact that such applications are filed seeking to recall PW1 for cross- examination when the matter is posted for arguments. 6. Considering the said aspect, I am of the considered view that the Trial Court has fully justified in providing opportunity to the defendant to cross-examine PW1. However, while upholding the order of the Trial Court, I am of the considered view that the defendant is required to be put on terms. Hence, I proceed to pass the following: ORDER i) The writ petition is disposed of, upholding the order of the Trial Court, wherein the defendant is permitted to cross-examine PW1. ii) Learned counsel for the defendant shall cross-examine PW1 on the next date of hearing or the date fixed by the Trial Court - 5 - HC-KAR NC: 2026:KHC:29371 WP No. 21967 of 2023 without fail, subject to the defendant paying additional costs of Rs.5,000/- to the plaintiff. It is made clear that if the defendant fails to avail the opportunity, he would not be entitled to file similar application before the Trial Court. The Trial Court shall ensure early disposal of the suit. iii) In view of the disposal of the writ petition, I.A.No.1/2026 would not survive for consideration. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 8