HC-KAR NC: 2026:KHC:33412 WP No. 32200 of 2024 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 32200 OF 2024 (GM-CPC) BETWEEN: 1. SMT. M GOWRAMMA @ BHAGYALAKSHMI W/O LATE M. NAGARAJU, AGED ABOUT 52 YEARS, 2. SRI. BHARATH, S/O. LATE M. NAGARAJU, AGED ABOUT 27 YEARS, 3. SRI. NAVEEN, S/O LATE M. NAGARAJU, AGED ABOUT 24 YEARS, ALL ARE RESIDING AT, NO.322, PARIMALA, 6TH MAIN, 5TH CROSS, M.E.I LAYOUT, NAGASANDRA POST, BANGALORE – 560 073. …PETITIONERS (BY SRI. VINAY, ADVOCATE FOR SRI. DHANANJAY KUMAR, ADVOCATE) AND: SRI. VEDARAJU S/O B.P. DHARMAPPA, AGED ABOUT 37 YEARS, MARASUBADAVANE 2, HOUSING BOARD, ALLURU TALUK, BANGALORE – 562 123 …RESPONDENT (BY SMT. RAJESHWARI M, ADVOCATE) Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA HC-KAR NC: 2026:KHC:33412 WP No. 32200 of 2024 2 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, OF CERTIORARI QUASHING THE ORDER DATED 21.11.2024 PASSED IN O.S NO.390/2022 ON IA NO.III UNDER SECTION 151 & IA NO.IV UNDER ORDER XVIII RULE 17, SECTION 151 OF CPC FILED PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT HASSAN VIDE ANNEXURE - A IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. This petition has been filed seeking to challenge an order dated 21.11.2024 in O.S.No.390/2022 passed by the II Additional Senior Civil Judge and JMFC, Hassan (hereinafter referred to as the “Impugned Order”). By the Impugned Order, two applications (I.A.Nos.3 and 4) both filed under Order 18 Rule 17 of the CPC, by the petitioners/defendants, were dismissed with cost of Rs.500/- on each application. HC-KAR NC: 2026:KHC:33412 WP No. 32200 of 2024 3 2. After some arguments, learned counsel for the respondent/plaintiff submits that the suit is at the stage of final hearing. However, this Court by its order dated 02.12.2024 has granted stay of the proceedings. In this view of the matter, hearing of the suit is getting delayed. 2.1 In addition, and on instructions, learned counsel submits that in the event if the petitioners/defendants are granted one opportunity to recall P.W.1 for cross- examination, the respondent/plaintiff could not have any objection with a view to expedite matter. 3. Learned counsel for the petitioners/defendants submits that given the concession made by learned counsel for the respondent/plaintiff, the petition can be allowed. 4. In view of the consensus between the parties and in the interest of the expediency, the Court deems it apposite to grant one opportunity to the petitioners/defendants to cross-examine the PW.1. HC-KAR NC: 2026:KHC:33412 WP No. 32200 of 2024 4 5. Accordingly, the following directions are passed: ORDER (i) P.W.1 shall appear before the learned Trial Court on the next date of hearing, i.e., 30.09.2026; (ii) The petitioners/defendants shall be permitted to cross- examine P.W.1 on that date alone; (iii)The respondent/plaintiff shall be permitted to re-examine P.W.1 if required; (iv) The learned counsel for the parties submit that they will not take any unnecessary adjournments before the learned Trial Court. The parties are bound by the statement made by their counsel before the Court today. (v) The learned Trial Court shall endeavor to conclude the trial as expeditiously as possible. 6. The Impugned Order is set aside in the aforegoing terms. 7. It is clarified that the Court has not examined the matter on merits. The rights and contentions of both HC-KAR NC: 2026:KHC:33412 WP No. 32200 of 2024 5 parties are left open to be agitated before the learned Trial Court. 8. The petition is disposed of in the aforegoing terms. All pending applications stand closed. Sd/- (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 40