- 1 - HC-KAR CNR: KAHC010009942025 NC: 2026:KHC:47109 WP No. 371 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 371 OF 2025 (GM-CPC) BETWEEN: 1. SMT. K. JAYAMMA W/O. LATE THIMMEGOWDA, AGED ABOUT 66 YEARS, 2. SRI. LOKESH S/O. LATE THIMMEGOWDA, AGED ABOUT 46 YEARS, 3. SRI. MOHAN KUMAR S/O. LATE THIMMEGOWDA, AGED ABOUT 44 YEARS, 4. SRI. VASANTHA KUMAR S/O. LATE THIMMEGOWDA, AGED ABOUT 42 YEARS, PETITIONERS NO.1 TO 4 ARE RESIDENTS OF CHANAMMANAHALLI VILLAGE KODIYALAKARENAHALLI BIDADI HOBLI RAMANAGARA TALUK BANGALORE DISTRICT (NOW RAMANAGARA DISTRICT) - 562 109. …PETITIONERS (BY SRI. SRUTI C. CHAGANTI, ADVOCATE) AND: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010009942025 NC: 2026:KHC:47109 WP No. 371 of 2025 1. SMT JAYAMMA D/O LATE C. NARAYANAGOWDA W/O SRI. BAIRAPPA AGED ABOUT 77 YEARS RESIDING AT NO. 7, SHESHAGIRIHALLI RAMANAGARA DISTRICT - 562 109 2. SMT. LAKSHMAMMA D/O LATE C. NARAYANAGOWDA AGED ABOUT 61 YEARS RESIDING AT NO.172, 7TH CROSS GOVINDARAJA NAGAR NAGARABHAVI MAIN ROAD BANGALORE - 560 079. REPRESENTED BY HOLDER GPA SRI. V. RANGASWAMY S/O LATE VENKATESH AGED ABOUT 48 YEARS RESIDING AT NO. 172, 7TH CROSS GOVINDARAJA NAGAR NAGARABHAVI MAIN ROAD BANGALORE - 560 079 3. SRI. C.N. NARASIMHAIAH S/O LATE C. NARAYANAGOWDA AGED ABOUT 74 YEARS RESIDENT OF CHANAMMANAHALLI VILLAGE KODIYALA KARENAHALLI BIDADI HOBLI RAMANAGARA TALUK BANGALORE DISTRICT (NOW RAMANAGARA DISTRICT) - 562 109 - 3 - HC-KAR CNR: KAHC010009942025 NC: 2026:KHC:47109 WP No. 371 of 2025 4. SRI. R. SRIRAM S/O LATE RAMASWAMY AGED ABOUT 60 YEARS RESIDENT AT YELETHUTADA PLAYA ANJANAPURA POST UTHARAHALLI HOBLI BANGALORE-560 062 …RESPONDENTS (BY SRI. VARUN JOSHI, ADVOCATE FOR SMT. USHA S.M., ADVOCATE FOR R1 SRI. C. SHANKAR REDDY, ADVOCATE FOR R2 SRI. K. ABHINAV ANAND, ADVOCATE FOR R3 SRI. SRIKANTH S., ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE ORDER DTD. 22.10.2024 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGARA ALLOWING I.A.NO. 14 FILED BY R-1 UNDER SECTION 151 CPC IN O.S.NO. 99/2015 PRODUCED HEREWITH AS ANNX-F ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed aggrieved by the order passed on I.A. No.14 in O.S. No.99/2015 dated 22.10.2024 by the Principal Senior Civil Judge and CJM, Ramanagar. - 4 - HC-KAR CNR: KAHC010009942025 NC: 2026:KHC:47109 WP No. 371 of 2025 2. Respondent No.1 herein filed a suit seeking partition, separate possession, and a permanent injunction against the petitioners and respondent Nos.3 and 4. In that suit, I.A. No.14 was filed by the respondent, stating that the cross-examination of defendant No.6, the purchaser, would be deferred until defendant Nos.1 to 5 were examined. The said application came to be allowed by the impugned order. 3. While allowing the application, the Trial Court observed that defendants Nos.1 to 4 have not adduced their evidence. It is true that defendant No.6 has adduced his evidence. As plaintiff No.1 has questioned the alienation of a portion of the suit schedule properties in favor of defendant No.6 by defendants Nos.1 to 5, plaintiff No.1 has the right to cross-examine defendants Nos.1 to 5 first. Defendant No.6 would step into the shoes of defendants Nos.1 to 5. Considering the peculiar facts and circumstances of the case, the Trial Court, by exercising the power under Section 151 of the CPC, deemed it appropriate to defer the cross-examination of defendant No.6 by plaintiff No.1 until the evidence of defendants Nos.1 to 5 is complete. - 5 - HC-KAR CNR: KAHC010009942025 NC: 2026:KHC:47109 WP No. 371 of 2025 4. Learned counsel for the petitioners argued in support of the petition and submitted that, as the plaintiff has no objection to the application, the writ petition may be allowed. 5. Learned counsel for respondent No. 2, who is plaintiff No. 2, submits that plaintiff No. 1 has compromised with the defendant. Having stalled the proceedings for a period of one year, he now comes before the Court stating that he has no objection to allowing the application. It is submitted that the application filed is frivolous. 6. Learned counsel for respondent No. 1-plaintiff does not dispute the fact that he has compromised with the defendant. It is submitted that, during the pendency of the trial, he has no objection to allowing this petition. 7. Having heard the learned counsel on either side, perused the material on record. This Court is not inclined to go into any of the aspects pertaining to the merits of the matter. I.A. No.14 was filed seeking to defer the cross-examination of defendant No.6, which came to be allowed by the Trial Court. Now, the plaintiff himself has no objection. Hence, this Court - 6 - HC-KAR CNR: KAHC010009942025 NC: 2026:KHC:47109 WP No. 371 of 2025 need not go into any of the aspects. In that view of the matter, this Court is passing the following: ORDER i. The order dated 22.10.2024 passed on IA No.14 in OS No.99/2015 by the Principal Senior Civil Judge and CJM, Ramanagar, is set aside. Consequently, IA No.14 is allowed. ii. Considering the fact that the suit is of the year 2015, the Trial court is directed to dispose of the same expeditiously. iii. Accordingly, the writ petition is allowed. iv. Pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 6