- 1 - HC-KAR NC: 2026:KHC:4720 WP No. 33 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.33 OF 2026 (GM-CPC) BETWEEN: 1. SRI. S. K. BHARATH, AGED ABOUT 48 YEARS, S/O S.A. KRISHNA MURTHY, 2. SMT. BHARATHI, AGED ABOUT 78 YEARS, W/O S.A. KRISHNA MURTHY, 3. SRI. S.K. ANANT AGED ABOUT 54 YEARS, S/O S.A. KRISHNA MURTHY, ALL RESIDING AT NO.G-3, GROUND FLOOR, “SAI MADHURA ELEGANCE”, 24TH MAIN, J.P. NAGAR, 6TH PHASE, BENGALURU - 560 078. …PETITIONERS (BY SMT. DEEPIKA K., ADVOCATE) AND: 1. SMT. USHA RAO, AGED ABOUT 75 YEARS, W/O M. SEETHAPATHY RAO, R/AT NO.64, OLD VETERNARY HOSPITAL ROAD, BASAVANAGUDI, BENGALURU - 560 004. 2. SMT. ASHA PRAKASH, AGED ABOUT 73 YEARS, W/O. S. SURYAPRAKASH, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4720 WP No. 33 of 2026 3. SRI. RAVI CHANDRA KULUR, AGED ABOUT 52 YEARS, S/O K. RAGHAVENDRA RAO, 4. SMT. SHARMILA PRAKASH, AGED ABOUT 45 YEARS, W/O RAVI CHANDRA KULUR, RESPONDENTS NO.2 TO 4 ALL RESIDING AT NO.102, 2ND CROSS, J.P. NAGAR, 4TH PHASE, DOLLORS COLONY, BANGALORE - 560 078. …RESPONDENTS (BY SRI. S.RAJASHEKAR., ADVOCATE FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 01-12-2025 PASSED ON I.A.NO.3/25 AND I.A.NO.4/25 IN O.S.NO.6874/2014 BY THE HON'BLE XX ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-32), AT BENGALURU VIDE ANNEXURE-A AND TO CONSEQUENTLY ALLOW THE SAID I.A.NO.3/25 AND 4/25 VIDE ANNEXURES - G & H AND PERMIT THE PETITIONER NO.1/DW- 1 TO SUBJECT HIMSELF FOR CROSS-EXAMINATION. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendants in O.S.No.6874/2014 is directed against the impugned order dated 01.12.2025 whereby the applications – I.A.Nos.3/2025 and 4/2025 filed by the petitioners- defendants under Order 18 Rule 17 r/w Sec.151 CPC for - 3 - HC-KAR NC: 2026:KHC:4720 WP No. 33 of 2026 permission to adduce evidence by reopening the case were rejected by the Trial Court. 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 3. Though several contentions have been urged by both sides in support of their respective claims, having regard to the various contentions urged by both sides in support of their respective claims, in order to provide one more opportunity to the petitioners, I deem it just and appropriate to adopt a justice oriented approach and set aside the impugned order and allow the applications filed by the petitioners subject to certain conditions. 4. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 01.12.2025 passed in O.S.No.6874/2014 by the Trial Court is hereby set aside. (iii) I.A.Nos.3/2025 and 4/2025 are hereby allowed subject to the condition that DW1 would be tendered for cross-examination before the Trial Court on 03.02.2026 by - 4 - HC-KAR NC: 2026:KHC:4720 WP No. 33 of 2026 the petitioners without seeking adjournment under any circumstance whatsoever. (iv) The Trial Court is directed to dispose of the suit as expeditiously as possible preferably within a period of four months. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 55