- 1 - HC-KAR NC: 2026:KHC:33413 WP No. 15473 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 15473 OF 2022 (GM-CPC) BETWEEN: 1. SMT LAKSHMI W/O CHAKRAVARTHY AGED ABOUT 52 YEARS 2. SRI ASHOK S/O CHAKRAVARTHY AGED ABOUT 33 YEARS 3. SMT. ASHWINI D/O CHAKRAVARTHY AGED ABOUT 31 YEARS 4. SMT. ASHA AGED ABOUT 29 YEARS D/O CHAKRAVARTHY 5. SRI ARVIND S/O CHAKRAVARTHY AGED ABOUT 27 YEARS ALL ARE R/O NO.12, VINAYAKA NAGAR, AREKERE BANNERGHATTA MAIN ROAD BENGALURU - 560076 …PETITIONERS (BY SRI. HANUMANTHA T., ADVOCATE FOR SRI. ANNAIAH C.V., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33413 WP No. 15473 of 2022 AND: 1. SMT BAMMAKKA D/O LATE BHAGYAMMA PERUMAL AGED ABOUT 72 YEARS R/AT NO.89, 5TH CROSS, 1ST MAIN ROAD, MADESHWARA LAYOUT KENCHAGANADODDI BANNERGHATTA POST BENGALURU - 560 083 2. SMT. LALITHAMMA D/O LATE BHAGYAMMA PERUMAL AGED ABOUT 68 YEARS 3. SMT. PARVARTHI D/O LATE BHAGYAMMA PERUMAL AGED ABOUT 62 YEARS RESPONDENTS NO.2 AND 3 ARE R/AT NO.9, AREKERE GATE VINAYAKA NAGAR BANNERGHATTA ROAD BENGALURU - 560 076 4. SMT. DHANALAKSHMI @ DHANABHAGYA D/O LATE BHAGYAMMA PERUMAL AGED ABOUT65 YEARS R/O G5/5 P AND T QUARTERS KAVAL BYRASANDRA R T NAGAR POST BENGALURU - 560 032 5. SRI SANTOSH S/O LATE RAJAGOPAL AGED ABOUT 34 YEARS - 3 - HC-KAR NC: 2026:KHC:33413 WP No. 15473 of 2022 NO.23, AREKERE GATE VINAYAKA NAGAR BANNERGHATTA ROAD BENGALURU - 560 076 6. SMT. BHAGYAVATHI D/O LATE NAGAPPA AGED ABOUT 67 YEARS NO.9, NEAR NANGENDRA TEMPLE BEHIND GOVT. SCHOOL DODDAKAMMANAHALLI GOTTIGERE POST BANNERGHATTA ROAD BENGALURU - 560 086 7. SRI SUBRAMANY S/O LATE PERUMAL AGED ABOUT 70 YEARS NO.23, AREKERE GATE VINAYAKA NAGAR BANNERGHATTA ROAD BENGALURU - 560 076 …RESPONDENTS (BY SRI. LOKESH B., ADVOCATE FOR R1 T R4 VIDE ORDRE DATED 05.09.2022, NOTICE TO R5 TO R7 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE TRIAL COURT AND SET ASIDE THE ORDER PASSED BY THE TRIAL COURT IN - 4 - HC-KAR NC: 2026:KHC:33413 WP No. 15473 of 2022 O.S.NO.2489/2014 ON THE FILE OF THE VII ADDL CITY CIVIL JUDGE, BENGALURU (CHH NO.19) VIDE ORDER DTD. 18.07.2022 VIDE ANNX-A AND ALLOW THE APPLICATIONS FILED BY THE PETITIONERS i.e., I.A.NO.8 AND 9 AND PERMIT THE PETITIONER TO CROSS OF PW1, TOGETHER WITH COSTS. 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 18.07.2022 passed on I.A.Nos.8 and 9 in O.S.No.2489/2014 by the VII Additional City Civil and Sessions Judge, Bengaluru (CCH No.19) (hereinafter referred to as the “Trial Court” for short). 2. Heard the learned counsel for the petitioners and the learned counsel for the respondents. - 5 - HC-KAR NC: 2026:KHC:33413 WP No. 15473 of 2022 3. Respondent Nos.1 to 4/plaintiffs have filed a suit for partition and separate possession. In the said suit, defendant No.4 has filed a written statement. During the pendency of the said suit, defendant No.4 passed away, and his legal representatives were brought on record on 18.02.2021. The present writ petition is filed by the legal representatives of deceased defendant No.4 challenging the order of the Trial Court, whereby the applications filed by the petitioners to reopen the stage of the proceedings and to recall PW1 for cross-examination were rejected. 4. It is required to be noticed that defendant No.4 had filed a written statement; however, the counsel for defendant No.4 failed to cross-examine PW1, and the matter was proceeded further. During the said period, defendant No.4 died, and the petitioners were brought on record as his legal representatives. Thereafter, they filed I.A.No.8 under Section 151 of the Code of Civil Procedure (for short `CPC') and I.A.No.9 under Order XVIII Rule 17 read with Section 151 of the CPC, seeking to reopen the - 6 - HC-KAR NC: 2026:KHC:33413 WP No. 15473 of 2022 stage of cross-examination of PW1 and permission to cross-examine PW1. 5. It is also to be noticed that the legal representatives of defendant No.4 filed an additional written statement immediately after being brought on record. However, they failed to cross-examine PW1 and thereafter, the matter was posted for the next stage. Even the defendants have not adduced any evidence in the suit. 6. Considering the aforesaid events and taking note of the fact that the suit is one for relief of partition and separate possession, one opportunity needs to be granted to the legal representatives of defendant No.4, who are the coparceners of the family, to put forth their evidence before the Trial Court and to cross-examine PW1. Denial of such an opportunity would violate the principles of natural justice. - 7 - HC-KAR NC: 2026:KHC:33413 WP No. 15473 of 2022 7. However, this Court cannot ignore the fact that the suit is of the year 2014 and the stage of cross- examination of PW1 was closed on 02.03.2019. Hence, there is a delay of more than two years in filing the application to recall PW1. Therefore, the applications deserve to be allowed on terms. 8. Accordingly, I proceed to pass the following: ORDER i) The writ petition is allowed. ii) The impugned order dated 18.07.2022 passed on I.A.Nos.8 and 9 in O.S.No.2489/2014 by the VII Additional City Civil and Sessions Judge, Bengaluru (CCH No.19) is hereby set aside. iii) Consequently, I.A.Nos.8 filed under Section 151 of CPC and I.A.No.9 filed under Order XVIII Rule 17 read with Section 151 of CPC by the petitioners are allowed. - 8 - HC-KAR NC: 2026:KHC:33413 WP No. 15473 of 2022 iv) The petitioners are permitted to cross-examine PW1, and lead their evidence subject to the petitioners paying costs of Rs.2,000/- to PW1. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 5