- 1 - HC-KAR NC: 2026:KHC:33155 WP No. 7712 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7712 OF 2026 (GM-CPC) BETWEEN: SRI P.N.MANJUNATHA SON OF LATE PATALAPPA, AGED ABOUT 34 YEARS, RESIDING AT NO.22, 9TH CROSS, 3RD MAIN, 5TH BLOCK, H.M.T LAYOUT, KRS GOWDA EXTENSION, NAGASANDRA POST, BENGALURU-560 073 …PETITIONER (BY SRI.P.M.GOPI, ADVOCATE FOR SRI.P.M.SIDDAMALLAPPA, ADVOCATE) AND: SRI P.N.KRISHNAIAH SON OF LATE PATALAPPA, H.M.T LAYOUT, NAGASANDRA MAIN ROAD, BANGALORE-560 073. …RESPONDENT THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE IMPUGNED ORDER DATED 05.02.2026 PASSED IN O.S.NO.26273/2014 BY THE LEARNED XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAY- O-HALL, BANGALORE, AS PER ANNEXURE-E AND THEREBY ORDERED TO ALLOW THE NO-1 AND 2 OF 2026 FILED UNDER SECTION 51 OF CODE OF CIVIL PROCEDURE TO REOPEN THE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33155 WP No. 7712 of 2026 STAGE FROM ARGUMENTS TO FURTHER CROSS OF EVIDENCE OF P.W-1, UNDER ORDER XVIII RULE 17 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE TO RECALL THE ORDER AND PERMIT THE DEFENDANT TO CROSS EXAMINATION OF P.W-1, AS PER ANNEXURE-C-1 AND 2. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed by the petitioner/ defendant, aggrieved by the order dated 05.02.2026 passed in I.A.Nos.1 and 2/2026 in O.S.No.26273/2014 by the XXVIII Additional City Civil and Sessions Judge, Mayohall, Bangalore. 2. After the matter is posted for evidence, the present applications are filed to re-open the stage for arguments and to permit the defendant to further cross-examine PW.1 and to recall the order dated 14.01.2026, which was dismissed by the impugned order. 3. While dismissing the applications, the trial Court observed that PW.1 was completely cross-examined in the year 2017 itself. PW.1 was exhaustively cross-examined on two occasions. Thereafter, the matter was posted for defendant - 3 - HC-KAR NC: 2026:KHC:33155 WP No. 7712 of 2026 evidence, and two witnesses were examined as DW.1 and DW.2. Admittedly, DW.1, in his cross-examination, admitted those documents which were confronted to him. Under these circumstances, when PW.1 was cross-examined in length long back, merely because DW.1 admitted some documents which were confronted to him in his cross-examination, it is not proper to recall PW.1 for further cross-examination. No good grounds are made out to recall PW.1 for further cross- examination, and accordingly, the applications were dismissed. This Court do not find any infirmity with the impugned order. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 3