- 1 - HC-KAR NC: 2026:KHC:19785 WP No. 10701 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10701 OF 2026 (GM-CPC) BETWEEN: 1. SRI N R SURESH MURTHY S/O LATE B RAMAIAH AGED ABOUT 62 YEARS R/AT FLAT NO.C-24 LEGACY ESTILLO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 2. M/S ESTELLO PROPERTIES A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.37 2ND MAIN ROAD, 2ND CROSS C-BOMMANASANDRA CROSS GKVK POST, YELAHANKA HOBLI BANGALORE-560065. 3. M/S LEGACY GLOBAL PROPERTIES PVT LTD HAVING ITS OFFICE AT NO.333 THIMMAIAH ROAD BANGALORE-560052 REP/ BY ITS DIRECTOR MR. KIRAN GOWDA …PETITIONERS (BY SRI. SHARATH S GOGI., ADVOCATE) AND: 1. SMT. PRAMILA R W/O RAMACHANDRA H.S AGED ABOUT 60 YEARS R/AT NO. 3/5, SUBBANNA LAYOUT BHEIND SBM, HOODI BENGALURU-560048. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19785 WP No. 10701 of 2026 2. SRI. R. RAJANNA S/O LATE. B. RAMAIAH AGED ABOUT 67 YEARS R/AT NISARGA NILAYA NAGENAHALLI MAIN ROAD SINGANAYAKANAHALLI POST YELAHANKA, BANGALORE-64 3. SRI. N.R. KRISHNAMURTHY S/O LATE B RAMAIAH AGED ABOUT 62 YEARS R/AT KAUSHIK NILAYA 3RD CROSS ROAD, NAGENAHALLI SINGANAYAKANAHALLI POST YELAHANKA, BANGALORE-560064. 4. MR.S.V. VENKATESH S/O MR. SHAMPUR VENKATAPPA AGED ABOUT 80 YEARS R/AT FLAT NO. A-01 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 5. MR. DUSHYANTH SRIDHAR S/O MR. SRIDHAR AGED ABOUT 30 YEARS AND MRS. SUMITRA SRIDHARAN W/O MR. DUSHYANTH SRIDHAR AGED ABOUT 28 YEARS R/AT FLAT NO. A-04, LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 6. MR. MAHEMA BHUTIA W/O MR. ANKU T BHUTIA AGED ABOUT 52 YEARS MR ANKU T BHUTIA S/O LATE PHUP T BHUTIA AGED ABOUT 54 YEARS - 3 - HC-KAR NC: 2026:KHC:19785 WP No. 10701 of 2026 R/AT FLAT NO. A-11, LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 7. SMT. D MANJULA W/O D RAMANA KUMAR AGED ABOUT 51 YEARS R/AT FLAT NO. A-12 AND B-11 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI YALAHANKA, DODDABALLAPURA MAIN ROAD BANGALORE- 560064. 8. MRS. D MOUNICA D/O RAMANA KUMAR AGED ABOUT 24 YEARS R/AT FLAT NO.A-23 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 9. MR D KRANTHI KUMAR S/O D RAMANA AGED ABOUT 28 YEARS R/AT FLAT NO.A-34 AND B-31 LEGACY ESTILO APARTMENTS, NEAR BMSIT AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 10. MRS. LEELA GOPI MANOHAR D/O K C GOPIMANOHAR AGED ABOUT 39 YEARS R/AT FLAT NO.C-23 LEGACY ESTILO APARTMENTS, NEAR BMSIT AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 11. MR BALU SHANKARA NARAYANAN S/O S SHANKAR NARAYANAN - 4 - HC-KAR NC: 2026:KHC:19785 WP No. 10701 of 2026 AGED ABOUT 73 YEARS MRS. PADMINI NARAYANAN W/O MR. BALU SHANKAR NARAYANAN AGED ABOUT 65 YEARS MR. ARUN B SHANKAR S/O MR. BALU SHANKAR NARAYANAN AGED ABOUT 34 YEARS R/AT FLAT NO. A-44, LEGACY ESTILO APARTMENTS, NEAR BMISIT AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 12. MRS KAVITHA Y W/O SHARATH KUMAR AGED ABOUT 47 YEARS R/AT FLAT NO. B-04 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 13. MR. SRINIVAS GOVARDHAN NAIDU S/O LATE GOVARDHAN R NAIDU AGED ABOUT 40 YEARS R/AT FLAT NO.B-12 LEGACY ESTILO APARTMENTS, NEAR BMSIT AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 14. SRI HARRY THOMAS MELCHIOR AND LEENA LIZBETH THOMAS R/AT FLAT NO.B-13 LEGACY ESTILO APARTMENTS, NEAR BMSIT AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 15. MR. MATHEWS MAMMEN S/O LATE KM MEMMEN AGED ABOUT 53 YEARS AND MRS. ANILA ANNAMMA MATHEWS - 5 - HC-KAR NC: 2026:KHC:19785 WP No. 10701 of 2026 W/O MR. MATHEWS MEMMON AGED ABOUT 52 YEARS R/AT FLAT NO.B-14, LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 16. MR. DIXIT S/O MR. V B DIXIT AGED ABOUT 55 YEARS MRS. ANITA DIXIT W/O MR M K DIXIT AGED ABOUT 53 YEARS R/AT FLAT NO.B-23 LEGACY ESTILO APARTMENTS, NEAR BMSIT AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 17. MR. SATHISH SHANKARANARAYAN UDPA S/O MR. S R UDPA AGED ABOUT 66 YEARS MRS. LALITHA UDPA W/O MR SATHISH SHANKARANARAYAN UDPA AGED ABOUT 63 YEARS R/AT FLAT NO.B-24 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI YALAHANKA, DODDABALLAPURA MAIN ROAD BANGALORE- 560064. 18. MR GANESH S POJARY S/O MR. SEETHARAMA POOJARY AGED ABOUT 42 YEARS AND MRS. SWATHI W/O MR. GANESH S POJARY AGED ABOUT 33 YEARS R/AT FLAT NO. B32 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. - 6 - HC-KAR NC: 2026:KHC:19785 WP No. 10701 of 2026 19. MR ASHISH JOSHI S/O MR. ASHOK K JOSHI AGED ABOUT 45 YEARS AND MRS. RITU JOSHI AGED ABOUT 39 YEARS R/AT FLAT NO. B-33 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 20. MR PRANAV KAUSHIK S/O MR. SANJAY KAUSHIK AGED ABOUT 30 YEARS AND MRS. NISHATA SINGH W/O MR PRANAV KAUSHIK AGED ABOUT 31 YEARS R/AT FLAT NO. B-42, LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 21. MR. PREETHAM BALLUPET VISHWANATH S/O MR B D VISHWANATH AGED ABOUT 36 YEARS R/AT FLAT NO.C-01, LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 22. MR DEEPAK MOHA PAI S/O LATE MR. MOHAN PAI AGED ABOUT 47 YEARS AND SWATHI DEEPAK PAI W/O MR DEEPAK MOHAN PAI AGED ABOUT 43 YEARS R/AT FLAT NO.C-03 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. - 7 - HC-KAR NC: 2026:KHC:19785 WP No. 10701 of 2026 23. MR UAPAUDEYA AGED MAJOR R/AT FLAT NO. C-12 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 24. MR ARUN NAIR S/O MR NARAYANA NAIR AGED ABOUT 43 YEARS R/AT FLAT NO. C-13 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE - 560064. 25. MRS ARUNA GOTTIPATI W/O MR SRINIVASA RAO KOLLI AGED ABOUT 53 YEARS MR SRINIVASA RAO KOLLI S/O MR KOTESWARA RAO KOLLI AGED ABOUT 56 YEARS R/AT FLAT NO. C-22 LEGACY ESTILO APARTMENTS, NEAR BMSIT AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 26. MRS BHANU R SHAH W/O SRI RAMESH K SHAH AGED ABOUT 64 YEARS R/AT FLAT NO. C-31 LEGACY ESTILO APARTMENTS, NEAR BMSIT AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE – 560064. 27. MR AKSHAY PHADKE S/O MR RAMESH VISHWANATH PHADKE AGED ABOUT 49 YEARS MRS VASUDHA PHADKE W/O MR AKSHAY PHADKE - 8 - HC-KAR NC: 2026:KHC:19785 WP No. 10701 of 2026 AGED ABOUT 44 YEARS R/AT FLAT NO. C-31 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE – 560064. 28. MR GOPINATHAN RAJASEKAHAR S/O MR GOPINATHAN R AGED ABOUT 48 YEARS AND PREETHA RAJASHEKHAR W/O MR RAJASHEKHAR GOPINATHAN AGED ABOUT 47 YEARS R/AT FLAT NO. C-34 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 29. MR MOHTI SAXENA S/O MR KRISHNA PAT RAI SAXENA AGED ABOUT 47 YEARS AND MRS SHWETA SAXENA W/O MR MOHIT SEXENA AGED ABOUT 44 YEARS R/AT FLAT NO. C-44 LEGACY ESTILO APARTMENTS NEAR BMSIT, AVALAHALLI, YALAHANKA DODDABALLAPURA MAIN ROAD BANGALORE-560064. 30. M/S NESTCON SHELTERS PVT LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT PLOT NO.2 DURGA VIHAR, RTC COLONY MAIN ROAD TRIMULGHERRY, SECNDERABAD 500015 REP. BY ITS MANAGING DIRECTOR MR R SATYANARAYANA S/O MR R VENKATESHWARLU. 31. GIRIJA KRISHNAMURTHY W/O N R KRISHNAMURTHY - 9 - HC-KAR NC: 2026:KHC:19785 WP No. 10701 of 2026 AGED ABOUT 54 YEARS 32. SRI K G KOUSHIK S/O NR KRISHNAMURTHY AGED ABOUT 28 YEARS R31 AND R32 ARE R/AT SAMRUDHI NILAYA SURYA VAMSHI LAYOUT 3RD CROSS ROAD, NAGENAHALLI SINGANAYAKANAHALLI POST YALAHANKA, BANGALORE – 560064. 33. SRI KAMALAKARA H R S/O RANGAPPA GOWDA AGED ABOUT 55 YEARS. 34. SMT DUGGAMMA T W/O KAMALAKARA H R AGED ABOUT 49 YEARS R33 AND R34 ARE R/AT NAGENAHALLI VILLAGE SINGANAYAKANAHALLI POST YALAHANKA, BANGALORE-560 064 …RESPONDENTS (BY SRI.RAGHAVENDRA K, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS, QUASHING THE ORDER DATED: 05.03.2026 PASSED IN I.A.NO. 22 IN O.S.NO. 1158/2021 BY THE HONBLE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU PRODUCED HEREIN AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 10 - HC-KAR NC: 2026:KHC:19785 WP No. 10701 of 2026 ORAL ORDER 1. In this writ petition, the petitioners-defendant Nos.3 to 5-have called in question the order dated 05.03.2026 passed on I.A.No.22 in O.S.No.1158/2021 by the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (hereinafter referred to as the “Trial Court”), whereby the said application filed by defendant Nos.3 to 5 under Order XVIII Rule 17 read with Section 151 of the CPC, seeking to recall PW-1 for cross-examination, has been rejected. 2. The plaintiff filed a suit for partition and separate possession. Upon service of summons, defendant Nos.3 to 5 filed their written statement. Based on the pleadings of the parties, the Trial Court framed the issues, and thereafter, the matter was set down for evidence. The evidence of PW-1 was completed. Defendant Nos.3 to 5 were given sufficient opportunities to cross-examine PW-1, but they failed to do so without any valid reason, and no sufficient cause is shown for recall. After the closure of - 11 - HC-KAR NC: 2026:KHC:19785 WP No. 10701 of 2026 PW-1’s evidence, they filed I.A.No.22 under Order XVIII Rule 17 read with Section 151 of the CPC, seeking to recall PW-1 for cross-examination. The Trial Court, by the impugned order dated 05.03.2026, has rightly rejected the application and the same does not call for interference, as there is no error in the said order. 3. However, in the interest of justice and to afford one more opportunity to the parties, I am of the considered opinion that this writ petition deserves to be allowed, subject to certain condition/s: 4. Accordingly, the following order is passed: ORDER a. The writ petition is allowed. b. The impugned order dated 05.03.2026 passed on I.A.No.22 in O.S.No.1158/2021 by the Trial Court, is hereby set aside. c. I.A.No.22 filed under Order XVIII Rule 17 read with Section 151 of the CPC is allowed. Defendant - 12 - HC-KAR NC: 2026:KHC:19785 WP No. 10701 of 2026 Nos.3 to 5 are permitted to cross-examine PW-1 on the next date of hearing, i.e., 16.04.2026, without seeking any further adjournment, subject to the condition that the petitioners-defendant Nos.3 to 5 shall pay cost of Rs.15,000/- to the plaintiff on the said date. d. In the event the Court is unable to take up the matter on that day, defendant Nos.3 to 5 shall cross- examine PW-1 on the date fixed by the Court, without seeking any further time. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 45