- 1 - HC-KAR NC: 2026:KHC:2716 WP No. 1860 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1860 OF 2025 (GM-CPC) BETWEEN: 1. SHASHIDHAR B P S/O PUTTASWAMYGOWDA AGED ABOUT 55 YEARS R/O ANNAPOORNESHWARI KRUPA BULB FACTORY ROAD GOWRI KALUVE LAYOUT, VIJAYAPURA CHIKKAMAGALURU 577 101. 2. PUTTASWAMYGOWDA B P S/O PUTTASWAMYGOWDA AGED ABOUT 80 YEARS R/O ANNAPOORNESHWARI KRUPA BULB FACTORY ROAD GOWRI KALUVE LAYOUT, VIJAYAPURA CHIKKAMAGALURU 577 101. 3. RASHMI W/O SHASHIHARA AGED ABOUT 47 YEARS R/O ANNAPOORNESHWARI KRUPA BULB FACTORY ROAD GOWRI KALUVE LAYOUT, VIJAYAPURA CHIKKAMAGALURU – 577 101. …PETITIONERS (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. C A SMIKSHA D/O ASHOK B P AGED ABOUT 11 YEARS REP BY HER MOTHER AS A Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2716 WP No. 1860 of 2025 MINOR GUARDIAN L N ROOPA W/O ASHOK B P C/ONAGALINGAPPA AGED ABOUT 41 YEARS R/O ANJANEYA TEMPLE ROAD VIJAYAPURA, CHIKKAMAGALURU – 577 101. 2. ASHOK B P S/O PUTTASWAMYGOWDA AGED ABOUT 49 YEARS R/O 1ST CROSS, APOORVA BUILDING JAYANAGARA CHIKKAMAGALURU 577101 AND ALSO R/O GANDHARVA NRUSERY NEAR COFFEE DAY MUDIGERE ROAD CHIKKAMAGALURU - 577 101. 3. RAJANI W/O NAGESH AGED ABOUT 51 YEARS R/O HALSULIGE VILLAGE HALASULIGE POST SAKLESHPURA TLAUK HASSAN DIST – 573 201. …RESPONDENTS (BY SRI. MURALI S M, ADVOCATE FOR R-1 & R-3 SRI. SHARATH KUMAR SHETTY, ADVOCATE FOR R-2) THIS W.P. IS FILED UNDER ARTICLE 227 OF TEH CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNX-H THAT THE ORDER DTD. 08.01.2025 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AT CHIKKAMAGALURU ON IA NO. 11 FILED UNDER ORDER 18 RULE 17 R/W SECTION 151 OF CPC AND IA NO. 12 FILED UNDER SECTION 151 OF CPC IN OS 97/2018 CONSEQUENTLY ALLOW THE APPLICATION NO. 11 AND 12 BY PERMIT THE PETITIONER TO CROSS EXAMINE DW.1 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2716 WP No. 1860 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seeks for the following reliefs:- “a) Issue a writ of certiorari or any other appropriate writ, directions or order quashing the Annexure ‘H’ that the Order dated 08.01.2025 passed by the II Addl. Senior Civil Judge at Chikkamagaluru, on IA No.11 filed under order 18 rule 17 r/w section 151 of CPC and IA No.12 filed under section 151 of CPC in OS 97/2018 consequently allow the application filed under No.11 and 12 by permit the petitioner to cross examined DW.1 in the interest of justice and equity. b) Grant such others relief’s as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.” 2. After arguing the matter for sometime, learned counsel for the petitioners submits that the petition may be disposed of reserving liberty in favour of the petitioners to file fresh application (s) before the trial court, which may be directed to consider and pass appropriate orders on the same without being influenced by the findings and observations recorded in the impugned order. The said submission is placed on record. - 4 - HC-KAR NC: 2026:KHC:2716 WP No. 1860 of 2025 3. Accordingly, the petition stands disposed of reserving liberty in favour of the petitioners to file fresh application(s) before the trial court, which shall consider and pass appropriate orders on the same without being influenced by the findings and observations recorded in the impugned order. All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.