- 1 - HC-KAR CNR: KAHC010431122025 NC: 2026:KHC:54483 WP No. 20484 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 20484 OF 2025 (GM-CPC) BETWEEN: SRI. V.N. VENKATASWAMY, S/O M.V. NARAYANAPPA, AGED ABOUT 60 YEARS, CIVIL WORKS CONTRACTOR, R/AT NO.27, FIRST FLOOR, 1ST CROSS, P AND T COLONY, R.T. NAGAR, BENGALURU - 560 032. …PETITIONER (BY SRI. M. R. RAVINDRA, ADVOCATE) AND: SRI. MANJUNATH NARAYANAIAH, S/O K. NARAYANAIAH, AGED ABOUT 58 YEARS, R/AT: 46722, CRAWFORD STREET, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010431122025 NC: 2026:KHC:54483 WP No. 20484 of 2025 APARTMENT NO.16, FREMONT CALIFORNIA, USA 94539. LOCAL ADDRESS: NO.153, 3RD E CROSS, KASTURINAGAR, EAST OF NGEF LAYOUT, BENGALURU - 560 043. …RESPONDENT (BY SRI. B.N. BALASUBRAMANYA, ADVOCATE) THIS WP IS FILED PRAYING TO (I) QUASH THE IMPUGNED ORDER PASSED BY THE TRIAL COURT ON I.A.NO.8/2024, DATED 10-06-2025 IN O.S.NO.4362/2016 ON THE FILE OF LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-76), BENGALURU AS PER ANNEXURE-A AND TO ALLOW THE I.A.NO.8/2024 IN O.S.NO.4362/2016 ON THE FILE OF LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH- 76). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR CNR: KAHC010431122025 NC: 2026:KHC:54483 WP No. 20484 of 2025 ORAL ORDER This petition is filed impugning the order dated 10.06.2025 passed on I.A. No.8, filed under Section 151 of the CPC, seeking to discard the evidence of P.W.2. 2. Learned counsel for the petitioner submits that P.W.2 was examined before the Court and was partly cross-examined. However, P.W.2 has not appeared before the Court for completion of the cross-examination. In that view, it is contended that the evidence of P.W.2 is liable to be discarded. 3. Learned counsel appearing for the respondent submits that P.W.2 was cross-examined once and was thereafter present before the Court on more than two occasions. However, the petitioner failed to complete the cross- examination of P.W.2. 3.1 It is submitted that P.W.2 is now unwilling to appear before the Court owing to his hectic schedule. Learned counsel further submits that if the evidence of P.W.2 is not subjected to cross-examination, the consequences thereof would follow. - 4 - HC-KAR CNR: KAHC010431122025 NC: 2026:KHC:54483 WP No. 20484 of 2025 4. Considered the submissions made by learned counsel for the parties and perused the impugned order. 5. The limited prayer in the application is to discard the evidence of P.W.2 on the ground that P.W.2 is not available for further cross-examination. Any statement made by P.W.2 before the Court without being subjected to cross-examination, the consequences thereof would follow and the same shall be considered by the Trial Court at the time of adjudication of the suit by invoking necessary provision. 6. In that view of the matter, this Court finds no error or infirmity warranting interference with the impugned order. Accordingly, the writ petition stands dismissed. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 6