- 1 - HC-KAR NC: 2026:KHC:4330 WP No. 24163 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24163 OF 2025 (GM-CPC) BETWEEN: 1. SMT. B G KOKILAVANI W/O. LATE G. SADASHIVAMURTHY, AGED ABOUT 49 YEARS, 2. AISHWARYA S., D/O. LATE G. SADASHIVAMURTHY, AGED ABOUT 27 YEARS, 3. RAJADITHYA S S/O LATE G. SADASHIVAMURTHY, AGED ABOUT 22 YEARS, ALL R/O. NO.225, 7TH MAIN, 3RD CROSS, CANARA BANK COLONY, VIJAYANAGAR, BENGALURU - 560 004. …PETITIONERS (BY SRI. SUNIL.S.RAO, ADVOCATE) AND: 1. SRI L K ARASU S/O. SRI. KADARAIAH, AGE ABOUT 68 YEARS, R/O.NO.4, 80 FEET ROAD, ASHWATHNAGARA, RMV 2ND STAGE, BENGALURU 560 094. SRI. CHANDRASHEKAR, S/O. LATE H.C. GANGAIAH, SINCE DEAD BY HIS LRS. 2. SMT. ANUSUYA S, W/O.LATE.SRI.CHANDRA SHEKHER, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4330 WP No. 24163 of 2025 AGE ABOUT 59 YEARS, R/AT BYALADAKERE VILLAGE, BYALADAKERE, CHANNARAYAPATNA, HASSAN DIST - 573 116. 3. MISS KAVYA, D/O.LATE.SRI. CHANDRA SHEKHER, AGE ABOUT 24 YEARS, R/AT BYALADAKERE VILLAGE, BYALADAKERE, CHANNARAYAPATNA, HASSAN DIST - 573 116. 4. SRI.G.SOMASHEKARA MURTHY, S/O. LATE H.C. GANGAIAH, AGE ABOUT 49 YEARS, R/AT FARM HOUSE, GADDE BANDENAHALLI, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN - 573 116. 5. SMT. G. KAMALAKSHMI D/O. LATE H.C. GANGAIAH, W/O. SHIVAMURTHYVAGAMORE, AGE ABOUT 54 YEARS, R/O. NO.149, ASHEERVADA NIVASA, NEAR NEHRU MEMORIAL SCHOOL, GNANABHARATHI POST, NAGADEVANAHALLI, BENGALURU 560 056. …RESPONDENTS (BY SRI. S.G.PARTHASARATHI, ADVOCATE FOR C/R-1 VIDE ORDER DATED: 14.10.2025, NOTICE TO R-2 TO R-5 IS D/W) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT/ORDER/DIRECTION IN THE NATURE OF CERTIORARI/SUCH OTHER WRIT/DIRECTION TO SET ASIDE THE IMPUGNED ORDER DATED 01.07.2025, PASSED BY THE IV ADDI. DISTRICT AND SESSIONS JUDGE, DODDABALLAPUR IN O.S.NO.10001/2022 PASSED ON IA.NO.30, VIDE ANNEXURE-A AND PASS SUCH NECESSARY ORDERS DIRECTING THE CURRENT PETITIONERS TO COMPLETE CROSS-EXAMINATION OF PW.4 AND FURTHER LEAD DEFENSE EVIDENCE IN THE MATTER TO MEET THE ENDS OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4330 WP No. 24163 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by defendants 4 to 6 in O.S.No.10001/2022 is directed against the impugned order dated 01.07.2025 passed on I.A.No.30 by the 4th Addl.District and Sessions Judge, Doddaballapura, whereby the said application filed by the petitioners under Order 18 Rule 17 CPC to recall PW-4 for further cross-examination was rejected by the trial Court. 2. Learned counsel for the petitioner and learned counsel for respondent No.1 jointly submit that the impugned order rejecting I.A.No.30 may be set aside and the petitioners may be permitted to cross-examine PW-4 on the next date of hearing of the suit, which currently stands posted on 31.01.2026 and/or any shortest convenient date to be fixed by the trial Court. The said submission is placed on record. 3. In view of the aforesaid facts and circumstances and the joint submissions made by both sides, I deem it just and appropriate to set aside the impugned order passed on I.A.No.30 and allow the said application by issuing certain directions. - 4 - HC-KAR NC: 2026:KHC:4330 WP No. 24163 of 2025 4. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 01.07.2025 passed on I.A.No.30 in O.S.No.10001/2022 by the trial court is hereby set aside. (iii) I.A.No.30 filed by the petitioners-defendants 4 to 6 under Order 18 Rule 17 CPC is hereby allowed, subject to the condition that the petitioners shall complete the cross-examination of PW-4 on 31.01.2026 and/or any other shortest convenient date to be fixed by the trial Court. (iv) All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.