- 1 - HC-KAR NC: 2026:KHC:7057 WP No. 3482 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3482 OF 2026 (GM-CPC) BETWEEN: 1. SRI. NAGENDRA AGED ABOUT 70 YEARS, S/O LATE MANIKYA SETTY, R/AT NO.59, 40TH CROSS, 8TH BLOCK, JAYNAGAR, BANGALORE - 560 070. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. K CHANDRANATH ARIGA, ADVOCATE) AND: 1. SMT. REKHA. M AGED ABOUT 61 YEARS D/O LATE MANIKYA SETTY W/O K.H. ASHOKA R/AT NO.59, 40TH CROSS, 8TH BLOCK, JAYANAGAR, BANGALORE - 560 070 2. SMT. UMA AGED ABOUT 67 YEARS R/AT NO.812, 6TH MAIN, 3RD FLOOR, RAGHAVENDRA BLOCK, BSK III STAGE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7057 WP No. 3482 of 2026 BANGALORE - 560 050 3. SMT. CHAYA AGED ABOUT 65 YEARS W/O AMARNATH R/AT NO.797, 12TH A CROSS II PHASE, J.P. NAGAR, BANGALORE 4. MS. MADHURA AGED ABOUT 32 YEARS D/O K.H. ASHOKA R/AT 59, 40TH CROSS 8TH BLOCK, JAYANAGAR, BANGALORE 560 070 5. SRI. H.A. NAGABHUSHANA AGED MAJOR S/O LATE H.A. ADINARAYANA SETTY R/AT NO.2064, OLD B.M. ROAD HUNSUR TOWN-571 105 MYSORE DISTRICT 6. SMT. H.A. THREJAVATHI AGED MAJOR D/O LATE ADINARAYANA SETTY R/AT NO.2064, OLD B.M. ROAD HUNSUR TOWN - 571 105 MYSORE DISTRICT 7. SMT. H.A. SUJATHA AGED MAJOR D/O LATE ADINARAYANA SETTY R/AT NO.2064, OLD B.M. ROAD HUNSUR TOWN - 571 105 MYSORE DISTRICT - 3 - HC-KAR NC: 2026:KHC:7057 WP No. 3482 of 2026 8. SMT. H.A. SHAMALA AGED MAJOR D/O LATE ADINARAYANA SETTY R/AT NO.2064, OLD B.M. ROAD HUNSUR TOWN - 571 105 MYSORE DISTRICT 9. SMT. H.A. SHOBHA AGED MAJOR D/O LATE ADINARAYANA SETTY R/AT NO.2064, OLD B.M. ROAD HUNSUR TOWN 571 105 MYSORE DISTRICT …RESPONDENTS (BY SRI. C V SUDHINDRA, ADV., FOR C/R1; SRI YOGANAND, ADV., FOR C/R4 NOTICE TO RESPDNENTS ARE D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 02.12.2025 IN O.S NO.217/2014 PASSED BY THE COURT OF THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-30). (ANNEXURE-M) AND ETC., 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 defendant No.2 in O.S. No.217/2014 on the file of the XXIX Additional City Civil and Sessions Judge, Bangalore, is directed against the impugned order dated - 4 - HC-KAR NC: 2026:KHC:7057 WP No. 3482 of 2026 02.12.2025 whereby the application IA No. 25 and 26 filed by the petitioner - defendant No.2 to recall DW.3 (defendant No.5) for further cross-examination was rejected by the trial Court. 2. Heard learned counsel for petitioner and learned counsel for respondent Nos.1 and 4 and perused the material on record. 3. Since no relief is sought for against remaining respondents, notice to the said respondents is dispensed with. 4. A perusal of the material on record will indicate that the respondent No.1 instituted the aforesaid suit against the petitioner - defendant No.2 and other defendants for partition and separate possession of her alleged share in the suit schedule immovable properties and for other reliefs. The said suit is being contested by the defendants. 5. After completion of plaintiff's evidence, during the course of the evidence of the defendants, defendant No.5 examined herself as DW.3 and was partly cross examined by the petitioner and was discharged thereafter. Subsequently, - 5 - HC-KAR NC: 2026:KHC:7057 WP No. 3482 of 2026 petitioner - defendant No.2 filed the instant applications seeking reopening of the case and for permission to further cross examine DW3 after changing his counsel. By the impugned order, the trial Court proceeded to reject IA Nos.25 and 26, aggrieved by which the petitioner is before this Court by way of the present petition. 6. Though several contentions have been urged by both sides in support of their respective claims, having regard to the nature of the suit and the various contentious issues involving valuable proprietary and possessory rights of the parties over immovable property, I deem it just and appropriate to adopt a justice-oriented approach and set aside the impugned order in order to provide one more opportunity to the petitioner to complete the further cross-examination of DW3 by imposing certain conditions. 7. In the result, the following - ORDER (i) The writ petition is allowed. - 6 - HC-KAR NC: 2026:KHC:7057 WP No. 3482 of 2026 (ii) The impugned order dated 02.12.2025 is set aside. (iii) IA Nos.25 and 26 allowed subject to the condition that the petitioner completes the cross examination of DW3 on a date to be fixed by the trial Court. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 77