- 1 - HC-KAR NC: 2026:KHC:32801 WP No. 259 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 259 OF 2023 (GM-CPC) BETWEEN: 1. SRI. LALITH MOHAN TAYAL S/O SRI CHETAN P TAYAL AGED ABOUT 44 YEARS R/AT NO.205, SALEH ARCADE APARTMENT, LEONARD LANE, RICHMAND TOWN, BENGALURU – 560 025 REPRESENTED BY HIS GPA HOLDER (FATHER) SRI. CHETAN P TAYAL AGED ABOUT 67 YEARS, S/O LATE M.K. THAYAL, R/AT NO.50, 3RD FLOOR RESIDENCY ROAD, GOLDEN TOWER (SENIOR CITIZENSHIP NOT CLAIMED) BENGALURU – 560 025 …PETITIONERS (BY SMT. AKSHATHA SHETTY K, ADVOCATE) AND: 1. DR. S. BORE GOWDA S/O LATE SUBBE GOWDA LEGAL REPRESENTATIVE OF DECEASED DEFENDANT NO.1 1(A) SMT SAROJAMMA W/O DR. S. BOREGOWDA (SINCE DECEASED) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32801 WP No. 259 of 2023 1(B) SRI BALACHNADRA S/O LATE DR. BOREGOWDA AGED ABOUT 44 YEARS 1(C) SMT. K. SHEELA W/O LATE DR. S. B. BALACHNADRA AGED ABOUT 33 YEARS 1(D) MASTER B. BHARTHESH S/O SRI. B. BALACHNADRA AGED BY MINOR 1(E) MASTER B. DHARNESH S/O SRI. B. BALACHNADRA AGED BY MINOR RESPONDENT/DEFENDANTS REPRESENTED BY NATURAL GUARDIAN MOTHER R1(C) ALL ARE R/AT NO.189, 1ST CROSS, TANK BUND ROAD, INDIRANAGAR, (ITTEGEGUD), MYSURU – 570 070 1(F) SRI. B. MANJUNATH S/O LATE DR. S. BOREGOWDA AGED ABOUT 70 YEARS R/AT D NO.177, 5TH CROSS, IIND STAGE, HINKAL POST, MYSURU – 570 017. 1(G) SMT. B. GAYATHRI RAMESH D/O LATE DR. BOREGOWDA AGED BY MAJOR R/AT D NO.189, TANK BUND ROAD, ITTEGEGUDU, MYSURU – 570 070 - 3 - HC-KAR NC: 2026:KHC:32801 WP No. 259 of 2023 1(H) SRI. B. KARUNAKARA S/O LATE DR. BOREGOWDA AGED MAJOR R/AT NO.189, TANK BUND ROAD, ITTEGEGUD MYSURU – 570 070 1(I) SMT. PUSHPALATHA S/O LATE DR. BOREGOWDA AGED ABOUT 55 YEARS W/O NARAYANAGOWDA R/AT D NO.540, RANGANATHA NAGE BEHIND ZILLA PANCHAYATH SRIRANGAPATNA MANDYA DISTRICT – 571 438 …RESPONDENTS (BY SRI. O. SHIVARAMA BHAT, ADVOCATE FOR R1 (B & C) SRI. VIVEK .R., ADVOCATE FOR R1(I) SRI. GOUTHAM .A.R., ADVOCATE FOR R1(H) R1(D), R1(E) ARE SERVED V/O DATED 06/03/2026 SERVICE OF NOTICE TO R1(F & G) ARE HELD SUFFICIENT) - - - THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.615/2009 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DV) AND CJM AT MYSORE AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:32801 WP No. 259 of 2023 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 29.11.2022 passed on I.A.Nos.XV and XVI in O.S.No.615/2009 by the Principal Civil Judge (Senior Division) and CJM, Mysuru (for short, ‘the Trial Court’). 2. Heard Smt.Akshatha Shetty K., learned counsel for the petitioner, Sri.O.Shivarama Bhat, learned counsel appearing for the respondent Nos.1(b) and 1(c), Sri.Vivek R., learned counsel for the respondent No.1(i) and Sri.Gouthamn A.R., learned counsel for the respondent No.1(h). 3. The petitioner-plaintiff has filed a suit in O.S.No.615/2009 seeking the relief of specific performance. In the said suit, the respondents have filed a detailed written statement denying the plaint averments. The Trial Court framed the issues. The plaintiff examined himself as PW-1 but was not available for cross- - 5 - HC-KAR NC: 2026:KHC:32801 WP No. 259 of 2023 examination on 3 dates i.e. on 30.05.2022, 18.06.2022 and 06.07.2022. The Trial Court closed the evidence of PW-1, recorded his evidence as NIL and posted the matter for defence evidence. At this stage, the petitioner filed applications in I.A.Nos.XV and XVI to re-open the stage of the case and sought permission to tender PW-1 for cross- examination. The said applications were rejected by the Trial Court under the impugned order by imposing costs. It is to be noticed that the plaintiff has shown the cause that PW-1 was not keeping well on the said dates. The Trial Court, considering the said aspect has observed that to substantiate the said contention, no medical certificate was placed. 4. Be that as it may, it is required to be noticed that the plaintiff's suit is for specific performance and if the plaintiff has not tendered himself for cross- examination, his evidence would be taken as NIL and based on the defence evidence, the suit would be proceeded. In order to provide one opportunity, I am of - 6 - HC-KAR NC: 2026:KHC:32801 WP No. 259 of 2023 the considered view that the petition deserves to be allowed. However, the same shall be subject to imposing of cost on the plaintiff. 5. For the aforementioned reasons, I proceed to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned order 29.11.2022 passed on I.A.Nos.XV and XVI in O.S.No.615/2009 by the Principal Civil Judge (Senior Division) and CJM, Mysuru, is set aside. Consequently, I.A.Nos.XV and XVI filed by the plaintiff are allowed. (iii) PW-1 shall be available for cross-examination on 30.07.2026 or any date fixed by the Trial Court. On the said date, the defendants shall cross-examine PW-1 subject to the plaintiff paying cost of Rs.5,000/- to the defendants. - 7 - HC-KAR NC: 2026:KHC:32801 WP No. 259 of 2023 (iv) The Trial Court shall consider the fact that the suit is of the year 2009 and shall dispose of the same as early as possible. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 48