- 1 - HC-KAR CNR: KAHC010435642022 NC: 2026:KHC:41659 W.P. No.19077/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.19077/2022 (GM-CPC) BETWEEN: MR. B. NAGRAJ S/O LATE BACHANNA AGED ABOUT 74 YEARS R/AT HOODI VILLAGE K.R. PURAM HOBLI BENGALURU EAST TALK BENGALURU 560062. …PETITIONER (BY SRI. SAMARTH PRAKASH, ADV.,) AND: 1. MR. NARAYANAPPA S/O LATE RAMAIAH NO. 73, BHARMANAND ASHRAM BEML MAIN ROAD NEW THIPPSANDRA BENGALURU 560075. 2. SPL. L.A.O. KIADB 14/3 Ist FLOOR, MAHARSHI ARAVIND BHAVAN NRUPATHUNGA ROAD AMBEDKAR VEEDHI SAMPANGI RAMA NAGAR BENGALURU, KARNATAKA 560009. 3. MRS. PUTTAMMA W/O LATE RAMAIAH Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010435642022 NC: 2026:KHC:41659 W.P. No.19077/2022 HOODI VILLAGE K.R. PURA HOBLI BENGALURU EAST TALUK. 4a SRI. SHAMANNA SINCE DEATH REP. BY LR’S. SMT. JAYAMMA W/O LATE SHAMANNA AGED ABOUT 70 YEARS. 4b SRI. H.S. MUNIRAJU S/O LATE SHAMANNA AGED ABOUT 50 YEARS. 4c SRI. H.S. RAMEGOWDA S/O LATE SHAMMANNA AGED ABOUT 48 YEARS. 4d SRI. H.S. VENKATESHA S/O LATE SHAMANNA AGED ABOUT 44 YEARS. 4e SRI. H.S. BACHEGOWDA S/O LATE SHAMANNA AGED ABOUT 50 YEARS. 4f SMT. MANJULA W/O LATE H.S. RAMANJINEGOWDA AGED ABOUT 33 YEARS. 4g. SRI. H.S. MANJUNATH S/O LATE SHAMANNA AGED ABOUT 33 YEARS. R-4(a) TO R-4(g) ARE ALL R/AT NO. 387, NEAR OM SHAKTHI TEMPLE HOODI, BENGALURU 560048. - 3 - HC-KAR CNR: KAHC010435642022 NC: 2026:KHC:41659 W.P. No.19077/2022 SMT. VENKATALAXAMMA SINCE DEAD BY HER LR’S. 5a SMT. SOWBHAGYA D/O LATE KRISHNAPPA W/O LATE M. SHANKAR AGED ABOUT 42 YEARS PRASHANTH NILAYA 2nd CROSS, BEHIND GOVT COLLEGE VARTHUR, BENGLUARU 560087. 5b SMT. MANGALA .K D/O LATE KRISHNAPPA W/O GANESH K.M. AGED ABOUT 41 YEARS PRASHANTH NILAYA, 2nd CROSS BEHIND GOVT. COLLEGE VARTHUR, BENGALURU 560087. 5c SRI. NAGARAJ .K S/O LATE KRISHNAPPA R/AT NO.1, ANKAPPA BLOCK IST MAIN ROAD NEAR GANESHA TEMPLE JC NAGAR M.R. PALYA BENGALURU 5600067. 5d SRI. SATISH KUMAR .K S/O LATE KRISHNAPPA AGED ABOUT 37 YEARS R./AT NO.77/2A, SRI. SHANKARA NILAYA DHARMARAYA SWAMY TEMPLE ROAD VARTHUR, BENGALURU 560087. 6. SRI. MUNIRAMAPPA S/O BYRAPPA HOODI VILLAGE K.R. PURA HOBLI BENGALURU-560048. - 4 - HC-KAR CNR: KAHC010435642022 NC: 2026:KHC:41659 W.P. No.19077/2022 7. SRI. KRISHNAPPA S/O LATE RAMAIAH NO. 73, BHARMANANDA ASHRAM BEML MAIN ROAD NEW THIPPSANDRA BENGALURU 560 75. …RESPONDENTS (BY SRI. AJIT P.B. ADV., FOR R1 SRI. H.L. PRADEEP KUMAR, ADV., FOR R2 V/O/DTD:24.02.2023, NOTICE TO R3 TO R7 IS D/W) ******* THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING/ SETTING ASIDE, ORDER DATED 16/07/2022 (ANNEXURE - A) PASSED BY THE HON’BLE II ADDITIONAL CITY CIVIL JUDGE (CCH-17) AT BANGALORE IN SUIT BEARING LAC NO. 137/2004 ON INTERIM APPLICATION NO.7 AND ALLOW INTERIM APPLICATION NO. 7 FILED IN LAC NO. 137/2004 ON THE FILE OF THE HON’BLE II ADDITIONAL CITY CIVIL JUDGE (CCH-17) AT BANGALORE AS PRAYED FOR, FILED IN THE ABOVE SUIT & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR CNR: KAHC010435642022 NC: 2026:KHC:41659 W.P. No.19077/2022 ORAL ORDER This writ petition is filed challenging the order dated 16.07.2022 passed in L.A.C.No.137/2004 by the II Additional City Civil Judge, Bengaluru (CCH-17) (for short, ‘the Reference Court’). 2. Heard Sri.Samarth Prakash, learned counsel appearing for the petitioner, Sri.Ajit P.B., learned counsel appearing for the respondent No.1 and Sri.H.L.Pradeep Kumar, learned counsel appearing for the respondent No.2. 3. The petitioner is the claimant No.5 before the Reference Court. The claim petition is filed under Sections 30 and 31 of the Land Acquisition Act, 1894. The petitioner has got examined himself in the said proceedings. During the trial, the petitioner has filed an application in I.A.No.7 seeking to re-open the stage and sought permission to cross-examine PW-2, which came to be rejected by the Reference Court by recording the - 6 - HC-KAR CNR: KAHC010435642022 NC: 2026:KHC:41659 W.P. No.19077/2022 reasons that PW-2 is aged about 72 years when he gave evidence and now he is aged around 82 years and the applicant was provided an opportunity, however, he could not avail the same and the application is filed at a very belated stage nearly after 8 years of the cross- examination of PW-8. The Reference Court has also observed that the claimant No.5 has not specifically stated about the document which he intended to confront to PW-2 and in the absence of any such explanation, the application being devoid of merits, was rejected. I do not find any good ground to interfere with the order of the Reference Court. It is needless to observe that if the claim petition is held against the claimant No.5, then it is open for him to challenge the same before the appellate forum and in the said proceedings, he can raise this as one of the grounds. - 7 - HC-KAR CNR: KAHC010435642022 NC: 2026:KHC:41659 W.P. No.19077/2022 4. With the aforesaid observation, the writ petition is disposed of without interfering with the impugned order of the Reference Court. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 30