- 1 - HC-KAR CNR: KAHC010097152023 NC: 2026:KHC:45557 W.P. No.4030/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.4030/2023 (GM-CPC) BETWEEN: 1. SRI. ANJANAPPA SINCE DEAD BY LR’S. SMT. LALITHA W/O LATE ANJANAPPA AGED ABOUT 50 YEARS. 2. SRI. JANARDHAN SON OF LATE ANJANAPPA AGED ABOUT 30 YEARS. 3. SRI. HEMANTH KUMAR SON OF LATE ANJANAPPA AGED ABOUT 27 YEARS. 4. SRI. SANJEEVA SON OF LATE YELLAPPA AGED ABOUT 53 YEARS. ALL ARE R/AT KENGERI VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK 560060. PETITIONERS 1 TO 4 ARE REP. BY THEIR GPA HOLDER SRI. K.R. PRASAD SON OF SHIVANNA AGED ABOUT 38 YEARS KANMINIKE COLONY KUMBALAGODU POST Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010097152023 NC: 2026:KHC:45557 W.P. No.4030/2023 KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU 560074. …PETITIONERS (BY MS. ARCHANA T.V. ADV., FOR MR. T.N. VISWANATHA, ADV.,) AND: SRI. M. DEVARAJ SON OF M. MUNISWAMY AGED ABOUT 54 YEARS R/AT NO 176, 1ST MAIN 16TH CROSS, BAPUJINAGAR BENGALURU 560026. …RESPONDENT (BY SRI. G. NARAYANA RAO, ADV.,) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 03/02/2023 PASSED ON IA.NO.21 AND 22 IN O.S.NO.2556/2008 ON THE FILE VII ADDITIONAL DIST. AND SESSIONS JUDGE, BENGALURU (CCH-19) VIDE ANNEXURE-E & 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 - 3 - HC-KAR CNR: KAHC010097152023 NC: 2026:KHC:45557 W.P. No.4030/2023 ORAL ORDER This writ petition is filed seeking the following prayer: “a. Issue a writ of certiorari by quashing the impugned order dated 03.02.2023 passed on IA.No.21 & 22 in O.S.No.2556/2008 on the file VII Additional District & Sessions Judge, Bengaluru (CCH-19) vide Annexure -E. b. Issue any other appropriate writ or directions which this Hon'ble court deems fit to grant under the circumstances of the case. c. And this writ petition may be allowed with costs in the interest of justice and equity.” 2. Heard Ms.Archana T.V., learned counsel for Sri.T.N.Viswanatha, learned counsel for the petitioners, Sri.G.Narayana Rao, learned counsel for the respondent and perused the material available on record. 3. The petitioners-plaintiffs filed suit in O.S.No.2556/2008 seeking the relief of declaration that the plaintiffs are the absolute owners in possession and enjoyment of schedule property and relief of permanent - 4 - HC-KAR CNR: KAHC010097152023 NC: 2026:KHC:45557 W.P. No.4030/2023 injunction. In the said suit, the respondent-defendant filed the written statement. The trial Court proceeded with the trial. The plaintiffs and thereafter the defendant has adduced the evidence as DW1. The plaintiffs cross- examined DW1 on 14.11.2022, 08.12.2022 and the matter was posted to 10.01.2023 for further cross- examination of DW1 and on the said day, the counsel for the plaintiffs could not cross-examine DW1. The trial Court closed the evidence and proceeded further. The plaintiffs filed applications under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, (for short, 'the CPC') to recall the order dated 10.01.2023 and sought permission to further cross- examine DW1 by reopening the stage. The trial Court under the impugned order, assigned detailed reasons and rejected the said application. 4. It is to be noticed that on given date i.e. on 10.01.2023, the plaintiffs failed to cross-examine DW1. - 5 - HC-KAR CNR: KAHC010097152023 NC: 2026:KHC:45557 W.P. No.4030/2023 However, plaintiffs have examined DW1 on previous occasions and the reasons assigned for non-examining appears to be genuine and taking note of the said reasons assigned in the application, I am of the view that one opportunity needs to be provided to the plaintiffs to further cross-examine DW1. Hence, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 03.02.2023 passed on I.A.No.21 & 22 in O.S.No.2556/2008 on the file of the VII Additional District and Sessoins Judge, Bengaluru, is set aside. Consequently, the applications filed by the plaintiffs are allowed and the plaintiffs shall cross- examine DW1 subject to paying cost of ₹2,000/- to DW1. - 6 - HC-KAR CNR: KAHC010097152023 NC: 2026:KHC:45557 W.P. No.4030/2023 iii. DW1 shall remain present before the trial Court on 22.09.2026 and the plaintiffs shall cross-examine DW1 on the said date or any date to be given by the trial Court. No further adjournment shall be granted. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 38