- 1 - HC-KAR CNR: KAHC010451322026 NC: 2026:KHC:49103 WP No. 20387 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20387 OF 2026 (GM-FC) BETWEEN: SRI. NAGARAJA @ RAJU AGED ABOUT 44 YEARS, S/O LATE. DASEGOWDA, R/AT NO 75/72, TEMPLE STREET, BEHIND ABHAYA ANJANEYA TEMPLE, AVALAHALLI, MYSORE ROAD, BENGALURU-560 026 …PETITIONER (BY SRI. HARINATH M.S., ADVOCATE) AND: 1. SMT. LEELAVATHI K.K. @ SHILPA AGED ABOUT 41 YEARS, D/O K. KRISHNE GOWDA, 2. KUMARI. JANHAVI. V AGED ABOUT 16 YEARS, D/O NAGARAJA @ RAJU, SINCE MINOR BY AGE, REPRESENTED BY HER MOTHER SMT. LEELAVATHI K.K.@ SHILPA AS THE GUARDIAN TO PROSECUTE THE CASE. BOTH ARE RESIDING AT C/O K. KRISHNE GOWDA, NO.33, SRINIVASA NILAYA, 2ND CROSS, 3RD MAIN ROAD, NEAR SHANTHIDHAMA SCHOOL, BHAIRAVESHWARA NAGARA, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010451322026 NC: 2026:KHC:49103 WP No. 20387 of 2026 SUNKADAKATTE, BENGALURU-560 091 …RESPONDENTS (BY SRI. SHIVAPRASAD E., ADVOCATE FOR R1 R2 IS MINOR) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WHEREFORE, THE PETITIONER MOST HUMBLY PRAY THAT THIS HONBLE COURT BE PLEASED TO CALL FOR THE RECORDS AND TO SET-ASIDE THE COMMON ORDERS DATED 03/06/2026 AT ANNEXURE-1 PASSED BY THE HONBLE VI ADDITIONAL PRINCIPAL FAMILY JUDGE, AT BENGALURU IN MISC. NO- 90/2016 IN DISMISSING THE TWO UNNUMBERED I.AS FILED UNDER SECTION 151 OF CPC FOR REOPENING THE CASE AND UNDER ORDER 18 RULE 17 R/WITH SECTION 151 OF CPC FOR RECALLING THE ORDERS BY PERMITTING THE PETITIONER TO CROSS EXAM THE PW-1 BY PROVIDING THE OPPORTUNITY TO THE PETITIONER TO CROSS EXAMINE THE PW-1 BY ALLOWING THIS WRIT PETITION AND GRANT SUCH OTHER RELIEF/S AS THIS HONBLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE APPEAL, IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 03.06.2026 passed in Misc.No.90/2016 by the VI Addl. Prl. Judge, Family Court, Bengaluru, the petitioner/respondent is before this Court. 2. An application is filed seeking reopen and recall of PW1 and both of them were dismissed by the trial Court as the - 3 - HC-KAR CNR: KAHC010451322026 NC: 2026:KHC:49103 WP No. 20387 of 2026 petitioner has failed to cross-examine in spite of giving repeated opportunities. 3. Learned counsel for the petitioner submits that because of the ill health of the father of the advocate, who died subsequently, they could not cross-examine, by imposing some conditions, the application may be allowed, and they are ready to complete the evidence. 4. Learned counsel appearing for the respondents submits that, despite providing numerous opportunities, the petitioner has failed to adduce evidence by cross-examining the respondents herein. Having no other alternative, the Court has rightly posted the matter for arguments, and it is submitted that there are no grounds to interfere with the well-considered order passed by the trial Court. 5. Having heard the learned counsels on either side, perused the material on record. The trial Court was right in passing the order, as there was no cooperation from the petitioner in conducting the case. However, considering the fact that the substantial interests of the parties would be met if a - 4 - HC-KAR CNR: KAHC010451322026 NC: 2026:KHC:49103 WP No. 20387 of 2026 reasonable opportunity is given to the petitioner, who is the respondent before the trial Court, this Court is passing the following ORDER i. Order dated 03.06.2026 passed in Misc.No.90/2016 by the VI Addl. Prl. Judge, Family Court, Bengaluru is set aside. ii. On 15.09.2026, the petitioner shall cross- examine the respondents. The evidence of the defendants shall be concluded on 16.09.2026. iii. The petitioner shall cooperate with the proceedings, or else the Court is at liberty to proceed with the matter and pass appropriate orders. iv. Accordingly, the writ petition is allowed. v. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 15