- 1 - HC-KAR NC: 2026:KHC:927 WP No. 21568 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21568 OF 2025 (GM-CPC) BETWEEN: P. K. VINAYDEV, S/O. SRI S. KRISHNA, AGED ABOUT 41 YEARS, R/AT SANKALPA, NO.5, 1ST CROSS, R.R.LAYOUT, OPP. SHIVASHAKTI HOSPITAL, KENGERI, BENGALURU – 560 056 …PETITIONER (BY SRI. PRASANNA V. R., ADVOCATE) AND: 1. SRI S. KRISHNA S/O LATE GAVEGOWDA, AGED ABOUT 75 YEARS, 2. SMT. M. B. SEETA, W/O SRI. S. KRISHNA, AGED ABOUT 65 YEARS, 3. SRI. P. K. MOHAN DEV, S/O SRI. S. KRISHNA, AGED ABOUT 48 YEARS, RESPONDENT NO.1 TO 3 ARE R/AT HOUSE NO.27, 4TH CROSS, BAPUJI LAYOUT, VIJAYNAGAR, BENGALURU – 560 040 4. M/S HOTEL ADIGA ANANTHESHWARA NO.19, KEMPAPURA AGRAHARA, CHANDRA LAYOUT, BENGALURU – 560 040 REPT. BY ITS MANAGING DIRECTOR MR. VASUDEVA ADIGA Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:927 WP No. 21568 of 2025 5. SRI. RADHAKRISHNA ADIGA PROPRIETOR OF HOTEL ADIGA ANANTHESHWARA NO.19, KEMPAPURA AGRAHARA, CHANDRA LAYOUT, BENGALURU – 560 040 …RESPONDENTS (BY SRI. G. R. VENKATESH MURTHY, ADVOCATE FOR R1 AND R2; SRI. K. V. GIRISH, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER DATED 13.12.2024 ON IA NO.19 AND 20 AND ORDER DATED 12.06.2025 ON IA.NO.21 RESPECTIVELY IN O.S.NO.8377/2015 PASSED BY THE LEARNED JUDGE, BANGALORE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY VIDE ANNEXURE-A AND B RESPECTIVELY. 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 In this petition, the petitioner seeks the following reliefs: (i) Issue a Writ of Certiorari, quashing the Order dated. 13.12.2024 on IA No.19 and 20 and Order dated: 12.06.2025 on IA.No.21 respectively in O.S.No.8377/2015 passed by the learned XXII Additional City Civil and Sessions Judge, Bangalore City, vide Annexure-A and B respectively, (ii) Issue any other Order or direction to meet the ends of justice. - 3 - HC-KAR NC: 2026:KHC:927 WP No. 21568 of 2025 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner-plaintiff instituted the aforesaid suit against the respondents-defendants for cancellation of the registered gift deed dated 23.06.2011 and for other reliefs. The said suit having been contested by the respondents-defendants, they examined defendant No.1 as DW1 and the manager of Janatha Co-operative Bank as DW2 and both DW1 and DW2 were cross examined by the petitioner-plaintiff in the year 2019. Subsequently, the petitioner-plaintiff filed two applications viz., IA No. 19 under Order XVIII Rule 17 of CPC to recall DW 1 and DW 2 for further cross examination and IA No.20 under Order XVI Rule 1 and 6 of CPC for a direction to DW 2, the Manager of the Janatha Co-operative Bank to produce documents, certain documents. 4. The said applications having been opposed by the defendant Nos.1 and 2, the trial Court proceeded to pass the impugned order dated 13.12.2024 dismissing IA Nos.19 and 20. Aggrieved by the said order, the petitioner-plaintiff filed IA No. 21 under Section 114 CPC seeking review of the order passed on IA - 4 - HC-KAR NC: 2026:KHC:927 WP No. 21568 of 2025 Nos.19 and 20. The said review application IA No. 21 also having been opposed by the defendant Nos.1 and 2, the trial Court proceeded to pass the subsequent impugned order dated 12.06.2025 dismissing IA No. 21. Aggrieved by the impugned orders passed by the trial Court rejecting IA Nos.19, 20 and 21 filed by the petitioner, he is before this Court by way of the present petition. 5. Learned counsel for the petitioner submits that the documents sought to be summoned from DW2, who is the Manager of Janatha Seva Co-operative Bank are extremely vital, relevant, necessary, crucial and material for the purpose of enabling the petitioner to put forth his contentions and as such, the impugned orders passed by the trial Court may be set aside and DW2 may be directed to produce documents pertaining to the loan in respect of the suit schedule property and tender himself for cross examination on a particular date on which day the petitioner would complete the further cross examination of DW2 without seeking any adjournment. It is also submitted that immediately after completion of the further cross examination of DW2 as stated supra, the petitioner would also complete the further cross - 5 - HC-KAR NC: 2026:KHC:927 WP No. 21568 of 2025 examination of DW1 on any date to be fixed by the trial Court without taking any adjournment under any circumstances whatsoever and the present petition may be disposed of by setting aside the impugned orders accordingly. 6. Per contra, learned counsel for the respondent submits that there is no merit in the petition and the same is liable to be dismissed. 7. Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that valuable proprietary and possessory rights over immovable property are involved in the suit between the parties and in order to provide one more opportunity to the parties including the petitioner to substantiate his contentions in accordance with law, I deem it just and proper to adopt a justice oriented approach by setting aside the impugned orders and allow and dispose of IA Nos.19, 20 and 21 by issuing certain directions. 8. In the result, I pass the following: ORDER i) The petition is hereby allowed. - 6 - HC-KAR NC: 2026:KHC:927 WP No. 21568 of 2025 ii) The impugned orders on IA Nos.19, 20 and 21 are hereby set aside. iii) IA No. 20 filed by the petitioner under Order XVI Rule 1 and 6 CPC is allowed by directing DW2 to produce the documents pertaining to the loan in relation to the suit schedule property on a date to be fixed by the trial Court. iv) Immediately upon DW2 producing the said documents and appearing before the trial Court, the petitioner shall complete the further cross examination of DW2 on that day itself without seeking any adjournment under any circumstances whatsoever. v) Immediately after completion of further cross examination of DW2 as stated supra, the petitioner shall complete the further cross examination of DW1 also on a day to be fixed by the trial Court without seeking any adjournment under any circumstances whatsoever. vi) The trial Court is directed to dispose of the suit as expeditiously as possible and preferably within a period of 3 months after completion of evidence of DW2 and DW1 as stated supra. - 7 - HC-KAR NC: 2026:KHC:927 WP No. 21568 of 2025 vii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 39