- 1 - HC-KAR NC: 2026:KHC:8510 WP No. 4426 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4426 OF 2026 (GM-CPC) BETWEEN: MR VENKATESH BABU AGED ABOUT 50 YEARS, S/O. SRI. BASAVARAJAIAH, RESIDING AT NO. 36/A/18/1A-4, 2ND FLOOR, TEJAS NEST, 9TH MAIN, 4TH CROSS ROAD, RAJMAHAL VILAS EXTENSION, SADASHIVANAGAR, BENGALURU 560 080. …PETITIONER (BY SMT. JYOTHI.S. KEMPEGOUDAR, ADVOCATE FOR SRI. G S PRASANNA KUMAR, ADVOCATE) AND: MS BRINDA DESIRAJU AGED ABOUT 50 YEARS, D/O. DR. D.RAJAGOPAL RAO RESIDING AT NO. 1500 HUDSON STREET, APARTMENT 2E, HOBOKEN, NEW JERSEY, USA. ALSO AT NO. 694, VISHWAMANAVA DOUBLE ROAD, SARASWATHIPURAM, MYSORE 570.009. REPRESENTED BY SPA HOLDER SRI. PRASAD S. S/O. SRI. DR. M. SOMASEKHARAIAH AGED ABOUT 52 YEARS, RESIDING AT NO. 33, 4TH MAIN, SARASWATHIPURAM, MYSORE-570 009. …RESPONDENT (BY SRI. ROHAN KOTHARI, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8510 WP No. 4426 of 2026 THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 11.12.2025 PASSED ON IA NO. 1/25 AND IA NO. 2/2025 IN OS NO. 3961/2021 ON THE FILE OF THE LII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, AT ANNEXURE-A. 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, petitioner seeks for the following reliefs:- “ i. Issue a Writ of Certiorari or any other appropriate writ, order setting aside the Order dated: 11.12.2025 passed on I.A.No.1/2025 and I.A.No.2/2025 in O.S.No.3961/2021 on the file of the LII Addl.City Civil & Sessions Judge, Bengaluru, at Annexure-A. ii. Grant such other relief which this Hon’ble Court may deem fit in the facts and circumstances of the case.” 2. Learned counsel for the petitioner and learned counsel for the respondent submits that the present petition may be allowed and the petitioner (DW-1) may be directed to tender himself for cross-examination on the next date of hearing of the suit, which is posted on 26.02.2026 without seeking any adjournment under any circumstances whatsoever. The said joint submission is placed on record. - 3 - HC-KAR NC: 2026:KHC:8510 WP No. 4426 of 2026 3. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 11.12.2025 passed on I.A.Nos. 1 and 2 in O.S.No.3961/2021 by the trial court is hereby set aside. (iii) The application filed by the plaintiff to recall DW-1 for cross-examination by the plaintiff is hereby allowed, subject to the condition that the petitioner (DW-1) remains present before the trial court on 26.02.2026 without seeking any adjournment under any circumstances whatsoever. (iv) It is made clear that in the event the petitioner (DW-1) does not remain present on 26.02.2026 and tender himself for cross-examination, the present order shall stand automatically recalled without further orders and without reference to the Bench. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.