- 1 - HC-KAR NC: 2026:KHC:10513 WP No. 35328 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35328 OF 2025 (GM-CPC) BETWEEN: SRI.N. RAVINDRANATH KAMATH S/O N VENKATESH KAMATH SENIOR ADVOCATE AGED 57 YEARS, ADVOCATE HAVING HIS OFFICE AT NO.415, PRESTIGE CENTRE POINT, CUNNINGHAM ROAD, BENGALURU 560 052 …PETITIONER (BY SMT.VANAJAKSHI., ADVOCATE) AND: M/S POPULAR AUTO WORKS REP. BY ITS AUTHORIZED MANAGER NO. 55/2 AND 54, P N S PALYA BTM LAYOUT, BENGALURU - 560076 REP. BY ITS DEPUTY GENERAL MANAGER(SERVICE) SRI.LLOYD D’SOUZA …RESPONDENT (BY SRI. ALWYN SEBASTIAN., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 9-6-2025 A) TO O.S.NO. 7308/2018 PASSED BY VI ADDL. CITY CIVIL AND SESSION JUDGE BANGALORE (CCCH-11), ON I.A NO. 6 AND 7 IN DISMISSING THE SAID IA. PRODUCED HEREWITH AT ANNEXURE- A IN WHICH THE ORDER DATED 09-06-2025 IS CONTAINED AND SAME IS HERE WITH PRODUCED AT ANNEXURE- A-1 CONSEQUENTLY, THE SAID IAS NO.6 AND 7 MAY BE ORDERED TO BE ALLOWED IN THE ENDS OF JUSTICE AND EQUITY. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10513 WP No. 35328 of 2025 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 The defendant in O.S.No.7308/2018 on the file of VI Additional City Civil and Sessions Judge, Bengaluru, is directed against the impugned order dated 09.06.2025, whereby the application filed by the petitioner-defendant to re-open the case and to recall PW1 for cross-examination was rejected by the trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. Learned counsel for both sides jointly submit that without prejudice to the rights and contentions, impugned order dated 09.06.2025 may be set aside and the applications- I.A.Nos.6 and 7 may be allowed by the trial Court subject to the condition that the petitioner cross-examines PW-1 without seeking adjournment under any circumstances, whatsoever, on the next date of hearing, which stands posted on 25.02.2026. 4. The aforesaid joint submission is placed on record. - 3 - HC-KAR NC: 2026:KHC:10513 WP No. 35328 of 2025 5. In view of the aforesaid facts and circumstances of the case and joint submission, I deem it just and appropriate to dispose of the petition by issuing certain directions. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 09.06.2025 in O.S.No.7308/2018 on the file of VI Additional City Civil and Sessions Judge, Bengaluru is hereby set aside. iii) I.A.Nos.6 and 7 are allowed subject to the condition that the petitioner shall complete the further cross examination of PW-1 without seeking any adjournment under any circumstances whatsoever on the next date of hearing i.e., on 25.02.2026. iv) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 65