- 1 - HC-KAR CNR: KAHC010022992022 NC: 2026:KHC:41512 WP No. 1301 of 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. 1301 OF 2022 (GM-CPC) BETWEEN: 1. SRI VIDYA GANAPATHI CHARTIABLE TRUST (R) OFFICE AT NO.123, 1ST MAIN ROAD J C NAGARA, MUNIREDDY PALYA BANGALORE - 560 006 REPRESENTED BY ITS PRESIDENT SRI. M.A. UMASHANKAR @ RAJAPPA S/O LATE ANNAYAPPA AGED ABOUT 58 YEARS NO 41, 3RD CROSS MARAPPA GARDEN J.C. NAGARA BANGALORE - 560 006 REP BY ITS GENERAL SECRETARY 2. SRI. R. PRAKASH RAO S/O LATE RAMACHANDRA RAO AGED ABOUT 53 YEARS NO.12, GROUND FLOOR P S RATHNA APARTMENT KEMPAIAH BLOCK J C NAGAR, BANGALORE - 560006 …PETITIONERS (BY SRI. RAMESH KUMAR V., ADVOCATE FOR SRI. NARAYANA SWAMY P.M., ADVOCATE) Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010022992022 NC: 2026:KHC:41512 WP No. 1301 of 2022 AND: SRI MAHA GANAPATHI SEVA MANDALI OFFICE AT NO.123, 1ST MAIN ROAD J.C. NAGARA, MUNIREDDY PALYA BENGALURU - 560 006 REP BY ITS SECRETARY SRI. SHANKAR RAJU S/O. M RAJANNA AGED ABOUT 44 YEARS …RESPONDENT (VIDE ORDER DATED 06.08.2026, NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED 06.12.2021 VIDE ANNEXURE-A, ON APPLICATION UNDER ORDER 18 RULE 17 R/W SECTION 151 OF CPC AND ANOTHER APPLICATION UNDER SECTION 151 OF CPC, IN O.S.NO.25991/2016 PASSED BY THE 58TH PRL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE VIDE ANNX-D AND E AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR CNR: KAHC010022992022 NC: 2026:KHC:41512 WP No. 1301 of 2022 ORAL ORDER This writ petition is filed challenging the order dated 06.12.2021 passed in O.S.No.25591/2016 by the 58th Principal City Civil and Sessions Judge, Bengaluru (hereinafter referred to as the 'trial Court' for short). 2. Heard the learned counsel for the petitioners and perused the materials available on record. 3. The petitioners filed a suit in O.S.No.25591/2016 against the respondent herein seeking the relief of perpetual injunction. In the said suit, the parties have adduced their evidence. Thereafter, the petitioners filed an application under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') seeking to recall DW-1 for cross- examination, and also filed an application under Section 151 of the CPC to re-open the case. The Trial Court, under the impugned order dated 16.12.2021, rejected the said applications. - 4 - HC-KAR CNR: KAHC010022992022 NC: 2026:KHC:41512 WP No. 1301 of 2022 4. It is to be noticed that the petitioners had filed similar applications, which were allowed on earlier two occasions. However, the petitioners failed to avail the opportunity to cross-examine DW-1, despite the said witness being present before the Court. The trial Court, taking note of the said aspect and also considering the fact that the matter was posted for final arguments, rejected the applications. I do not find any reason to interfere with the order of the trial Court in the present case. 5. Accordingly, the writ petition is devoid of merits and the same is rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 2