- 1 - HC-KAR CNR: KAHC010036002026 NC: 2026:KHC:53165 WP No. 1749 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 1749 OF 2026 (GM-CPC) BETWEEN: 1. MR. NADEESHA B., S/O. LATE B. GANGAIAH, AGED ABOUT 43 YEARS, R/AT. NO.236, 2ND B TREE APARTMENT, SYNDICATE BANK LAYOUT, THUNGANAGAR, HEROHALLI, BENGALURU - 560091. …PETITIONER (BY SRI SUHAIL KHAN, ADVOCATE) AND: 1. MRS. ANUSUYA B., W/O. SOMASHEKAR B.R., AGED ABOUT 46 YEARS, R/AT. T. BOMMANAHALLI VILLAGE, HULIYURUDURGA HOBLI, KUNIGAL TALUK, KARNATAKA - 572123. …RESPONDENT (BY SMT. JAYALAKSHMAMMA K.B., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 05/01/2026 VIDE ANNEXURE-A PASSED ON I.A. NO. VII UNDER SECTION ORDER Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010036002026 NC: 2026:KHC:53165 WP No. 1749 of 2026 18 RULE 17 READ WITH SECTION 151 OF CPC AND I.A. NO. VIII UNDER SECTION 151 OF CPC IN OS 203/2022. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER This petition is filed calling in question the order dated 05.01.2026 passed in O.S. No.203/2022, whereby I.A. Nos.VII and VIII filed under Order XVIII Rule 17 and Section 151 of the Code of Civil Procedure, 1908, seeking recall of P.W.1 for cross- examination and re-opening of the case, has been rejected. 2. Learned counsel appearing for the respondent fairly submits that an opportunity to cross-examine P.W.1 may be granted, subject to appropriate terms. 3. Considering that an opportunity to cross-examine P.W.1 would assist the Court in effectively and comprehensively adjudicating the dispute and would also advance the principles of natural justice, this Court is of the view that the petitioner deserves to be afforded such an opportunity. - 3 - HC-KAR CNR: KAHC010036002026 NC: 2026:KHC:53165 WP No. 1749 of 2026 4. Accordingly, the following: ORDER I. The impugned order dated 05.01.2026 passed in O.S. No.203/2022 is hereby set aside. II. I.A. Nos.VII and VIII filed under Order XVIII Rule 17 and Section 151 of the Code of Civil Procedure, 1908, is hereby allowed. III. The petitioner is permitted to cross-examine P.W.1, subject to payment of costs of Rs.10,000/- to P.W.1. The petitioner shall be permitted to cross-examine P.W.1 only upon payment of the aforesaid costs. IV. The Trial Court shall ensure that no unnecessary adjournment is sought or granted for the purpose of cross- examination of P.W.1. V. With the aforesaid directions, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE VP