- 1 - HC-KAR CNR: KAHC010528842026 NC: 2026:KHC:48907 WP No. 24215 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 24215 OF 2026 (GM-CPC) BETWEEN: 1. SRI SRINAAG B. S., S/O LATE SRI. SOMSHEKAR, AGED ABOUT 42 YEARS, NO.799, 1ST FLOOR, 7TH 'A' CROSS, GRUHALAKSHMI LAYOUT, NEAR NELAGADARANAHALLI, NAGASANDRA POST, BENGALURU - 560 073. …PETITIONER (BY SRI REVANTH P.N., ADVOCATE FOR SMT. DEEPA J., ADVOCATE) AND: 1. SRI PRAKASH N JOSHI S/O LATE SRI. N.K. JOSHI, AGED ABOUT 52 YEARS, OMKARA, No.2, FIRST FLOOR, 10TH CROSS, 6TH MAIN, 4TH BLOCK, THYAGARAJANAGAR, BENGALURU - 560 028. …RESPONDENT (BY SRI RAKESH B BHATT, ADVOCATE) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010528842026 NC: 2026:KHC:48907 WP No. 24215 of 2026 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 23.07.2026 PASSED IN O.S. NO.4031/2023 BY THE XXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (ANNEXURE-A), DISMISSING I.A.NO.9 AND I.A.NO.10 FILED BY THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard Sri Revanth P.N., learned counsel for Smt. Deepa J., learned counsel for the petitioner, and Sri Rakesh B. Bhatt, learned counsel for the respondent. 2. This writ petition is filed impugning the order dated 23.07.2026 passed in O.S. No.4031/2023, whereby I.A. Nos. 9 and 10, filed under Order XVIII Rule 17 read with Section 151 of the CPC, seeking cross-examination of the plaintiff, were dismissed. 3. Learned counsel appearing for the petitioner submits that, even if the defence of the defendant is struck off, the - 3 - HC-KAR CNR: KAHC010528842026 NC: 2026:KHC:48907 WP No. 24215 of 2026 defendant would be entitled to cross-examine the plaintiff to the extent of the pleadings made by the plaintiff. 4. Per contra, learned counsel appearing for the respondent submits that, in view of the striking off of the pleadings, the petitioner is not entitled to cross-examine the plaintiff. 5. Considered the submissions made by the learned counsel for the parties. 6. The controversy in the present petition is no more res integra. The Hon'ble Supreme Court, in the case of Modula India v. Kamakshya Singh Deo, (1988) 4 SCC 619, has held that, even if the defence is struck off, the defendant would be entitled to cross-examine the plaintiff to the extent of the plaintiff's pleadings. In that view of the matter, the order of the trial Court cannot be sustained. Accordingly, the following: ORDER (i) The writ petition is allowed. - 4 - HC-KAR CNR: KAHC010528842026 NC: 2026:KHC:48907 WP No. 24215 of 2026 (ii) The order dated 23.07.2026 passed in O.S. No.4031/2023 on I.A.Nos.9 and 10, is hereby set aside. (iii) I.A. Nos. 9 and 10 are hereby allowed, permitting the petitioner/defendant to cross-examine P.W.1. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 0