- 1 - HC-KAR NC: 2026:KHC:13317 W.P. No.5277/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.5277/2020 (GM-CPC) BETWEEN: 1. MRS. PADMA V. SHENOY W/O Y. VENKATESH SHENOY AGED ABOUT 58 YEARS R/AT MANNAGUDDA MANGALURU-575003. 2. MR. Y. VENKATESH SHENOY S/O MADHAVARAY SHENOY AGED ABOUT 72 YEARS R/AT. MANNAGUDDA MANGALURU-575003. 3. MRS. RADHIKA SHENOY W/O Y. RAMAKRISHNA SHENOY AGED ABOUT 50 YEARS R/AT R K HOUSE KODIALGUTTU EAST MANGALURU-575008. 4. MR. Y. RAMAKRISHNA SHENOY S/O Y. MADHAVARAYA SHENOY AGED ABOUT 61 YEARS R/AT R K HOUSE KODIALGUTTU EAST MANGALURU-575008 GPA HOLDER FOR PETITIONER NOS.1 & 2. …PETITIONERS (BY SRI. VISHWAS N, ADV., FOR SRI. RAKESH KINI, ADV.,) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13317 W.P. No.5277/2020 AND: MS. SARITHA SEQUEIRA D/O LATE VICTOR SEQUEIRA AGED ABOUT 41 YEARS R/AT. V. SEQUEIRA COMPOUND MANNAGUDDA, MANGALURU-575003 …RESPONDENT (RESPONDENT SERVED) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO CALL FOR RECORDS OF O.S.NO.86 OF 2012 PENDING BEFORE THE HONBLE III ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU, D.K. ISSUE A WRIT OF CERTIORARI, OR ANY OTHER WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING/SETTTING ASIDE THE ORDER DATED 24.02.2020 PASSED ON I.A.NO.VI IN O.S.NO.86 OF 2012 ON THE FILE OF THE HON'BLE III ADDITIONAL CIVIL JUDGE AND JMFC MANGALURU, D.K. & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 24.02.2020 passed on I.A.Nos.6 and 7 filed by the defendant Nos.1 to 4 in O.S.No.86/2012 by the III Additional Civil Judge and JMFC, Mangalore, Dakshina Kannada District. - 3 - HC-KAR NC: 2026:KHC:13317 W.P. No.5277/2020 2. Sri.Vishwas N., learned counsel appearing for Sri.Rakesh.K.N., learned counsel for the petitioners submits that the petitioners are the defendant Nos.1 to 4 in O.S.No.86/2012, wherein they have adduced their evidence. It is submitted that on 29.01.2020, DW-1 could not be present before the Court for further cross- examination and therefore, the Trial Court posted the matter for arguments of the plaintiff. It is further submitted that on 01.02.2020, the plaintiff addressed his arguments and thereafter, the matter was adjourned to 03.02.2020 for the defendants' arguments. At that stage, the defendants filed two applications one under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') to re-call the order dated 29.01.2020 and another application under Section 151 of the CPC to re-open the case by permitting DW-1 to be present before the Court for further cross-examination. It is also submitted that the Trial Court rejected both the applications on the ground that though sufficient time was - 4 - HC-KAR NC: 2026:KHC:13317 W.P. No.5277/2020 granted to the defendants, DW-1 was not present to tender herself for cross-examination. It is contended that an opportunity may be provided to DW-1 to be present before the Court so that the plaintiff can further cross- examine her otherwise the defence rendered by the defendants would be otiose. Hence, he seeks to allow the petition. 3. Though the notice of this petition is served on the other side, there is no representation. 4. I have heard the arguments of the learned counsel for the petitioners and meticulously perused the material available on record. I have given my anxious consideration to the submissions advanced by the learned counsel for the petitioners. 5. The records indicate that the respondent filed O.S.No.86/2012 before the III Additional Civil Judge and JMFC, Mangalore, for the relief of injunction against the petitioners herein. The petitioners filed a detailed written - 5 - HC-KAR NC: 2026:KHC:13317 W.P. No.5277/2020 statement denying the assertions made in the plaint. The Trial Court framed the issues and the evidence was recorded. The plaintiff examined herself as PW-1 and thereafter, the matter was posted for defendants' evidence. The petitioner No.1 herein has examined herself as DW-1 and was partly cross-examined by the plaintiff. Thereafter, the matter was posted for further cross- examination of DW-1 on 29.01.2020, however, DW-1 was not present before the Court on the said date. The records indicate that the Trial Court has provided sufficient opportunity to DW-1 to tender herself for further cross- examination. However, she remained absent before the Court. The Trial Court, at paragraph 8 of the impugned judgment, has taken note of the various dates and on those dates, DW-1 was absent. Considering the same, the petitioner's application to re-call the order dated 29.01.2020 as well as the application to re-open the case were rejected under the impugned order. It is to be noticed that the defendants have filed a detailed written - 6 - HC-KAR NC: 2026:KHC:13317 W.P. No.5277/2020 statement denying the assertions made in the plaint. It is not in dispute that the Trial Court has granted sufficient opportunity to DW-1 to tender herself for further cross- examination. However, she remained absent. The Trial Court closed the evidence of DW-1 and posted the matter for arguments. In my considered view, if DW-1 is not allowed to tender herself for cross-examination, the defence of the defendants would be in prejudice. Considering the said aspect, the writ petition deserves to be allowed on terms. 6. For the aforementioned reasons, I proceed to pass the following: ORDER (i) The writ petition is allowed subject to the petitioners paying the cost of Rs.2,500/- to the plaintiff. (ii) The impugned order dated 24.02.2020 passed by the Trial Court on I.A.No.6 filed Order XVIII Rule 17 read with Section 151 of the CPC and - 7 - HC-KAR NC: 2026:KHC:13317 W.P. No.5277/2020 I.A.No.7 filed under Section 151 of the CPC, in O.S.No.86/2012 is set aside. Consequently, both the applications are allowed. (iii) DW-1 shall be present before the Court for tendering further cross-examination on 28.03.2026 or any other date assigned by the Trial Court. (iv) The Trial Court shall regulate its proceedings further. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 31