- 1 - HC-KAR NC: 2026:KHC:31696 WP No. 1917 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 1917 OF 2021 (GM-CPC) BETWEEN: MR. R. IQBAL AHMED KHAN AGED ABOUT 62 YEARS, S/O LATE RAHAMATULLA KHAN, R/AT NO.3/17, 2ND CROSS, B S A ROAD, TANNERY ROAD CROSS, FRAZER TOWN, BENGALURU - 560 005 …PETITIONER (BY SRI. HARINATH M S.,ADVOCATE) AND: SHARIFF AHMED QASMI AGED ABOUT 50 YEARS, S/O MR NAYAZ AHMAD, R/AT NO.13, 4TH CROSS, GANDHINAGAR, ARABIC COLLEGE POST, BENGALURU-560045 …RESPONDENT (BY SRI. H S RAMAMURTHY.,ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31696 WP No. 1917 of 2021 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSITTUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND TO SET ASIDE THE COMMON ORDERS DATED 23.01.2021 PASSED BY THE HONBLE XII ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-27, AT BENGALURU IN DISMISSING THE I.A.NO.11 FILED U/S 151 OF CPC FOR REOPENING THE CASE FOR CROSS EXAMINATION OF DW-1 AND IA NO.12 UNDER ORDER 18 RULE 17 R/W SECTION 151 OF CPC FOR RECALLING DW-1 FOR CROSS EXAMINATION BY PROVIDING THE OPPORTUNITY TO THE PETITIONER TO CROSS EXAMINE THE DW-1 BY ALLOWING THIS WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, 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 23.01.2021 passed on I.A.No.11 filed under Section 151 of the Code of Civil Procedure and I.A.No.12 filed under Order 18 Rule 17 read with Section 151 of the Code of Civil Procedure in O.S.No.6571/2012 by the XII Additional - 3 - HC-KAR NC: 2026:KHC:31696 WP No. 1917 of 2021 City Civil and Sessions Judge, CCH-27, Bengaluru (hereinafter referred to as the “Trial Court” for short). 2. Heard the learned counsel for the petitioner, learned counsel for the respondent and meticulously perused the material available on record. 3. The petitioner/plaintiff has filed a suit for declaration. In the said suit, the respondent/defendant has filed a detailed written statement. The plaintiff adduced the evidence. Thereafter, the defendant adduced the evidence as DW1. The matter was posted for cross- examination of DW1; however, despite granting sufficient time, DW1 was not cross-examined by the plaintiff. Consequently, the cross-examination of DW1 was taken as nil. The matter was thereafter posted for further evidence of the defendant. On all these days, when the matter was posted for defendant's evidence, the plaintiff remained absent. Subsequently, I.A.Nos.11 and 12 were filed seeking to reopen the case and sought for permission to - 4 - HC-KAR NC: 2026:KHC:31696 WP No. 1917 of 2021 cross-examine DW1, which came to be rejected by the Trial Court by a well-reasoned order. 4. It is to be noticed that the learned counsel for the petitioner has contended that the Trial Court has granted sufficient opportunity to the plaintiff. However, a cause has been shown as to why, on a given date, the cross-examination was not conducted. Be that as it may, it is required to be noticed that the right to cross- examination is a substantive right available to a party to the proceedings, and this writ petition is pending since 2021 and the suit has not been proceeded further. Not providing an opportunity to cross-examine DW1 by the plaintiff is in violation of the principles of natural justice. I am of the view that the applications filed by the plaintiff in I.A.Nos.11 and 12 are required to be allowed, subject to payment of costs. 5. For the aforementioned reasons, I proceed to pass the following: - 5 - HC-KAR NC: 2026:KHC:31696 WP No. 1917 of 2021 ORDER i) The writ petition is allowed. ii) The order dated 23.01.2021 passed on I.A.Nos.11 and 12 in O.S.No.6571/2012 by the XII Additional City Civil and Sessions Judge, CCH-27, Bengaluru is hereby set aside. iii) Consequently, I.A.Nos.11 and 12 filed by the plaintiff are allowed, subject to the plaintiff paying costs of Rs.5,000/- to the respondent. iv) Learned counsel for the petitioner shall cross- examine DW1 on the next date of hearing without fail, and DW1 shall remain present for the said purpose. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 4