- 1 - HC-KAR NC: 2026:KHC:9047 WP No. 37246 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 37246 OF 2025 (GM-CPC) BETWEEN: SRI G RAJU S/O GOVINDAPPA AGED ABOUT 40 YEARS R/AT NO.228 KADUGODI VILLAGE, KADUGODI POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK BENGALURU – 560 067. …PETITIONER (BY SRI. SHIVASHANKAR K, ADVOCATE) AND: ZEENATH W/O SRI. HYDERVALI M D/O SRI. MOHAMMED HUSSAIN, AGED ABOUT 80 YEARS R/AT NO.17 189/1 WALL STREET, NARAYANASWAMY LAYOUT NAGAVARAPALYA CV RAMAN NAGAR POST, BENGALURU - 560 093. …RESPONDENT (BY SRI.P.B. RAJU, ADVOCATE) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE COURT OF II ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU ON IA FILED UNDER ORDER 18 RULE 17 OF CPC IN O.S.NO.1428/2018 DATED 25/11/2025 VIDE ANNEXURE D. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9047 WP No. 37246 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel for both parties jointly submit that the suit in O.S.No.1428/2018 is currently posted before the Trial Court on 16.03.2026 and that the Trial Court may be directed to prepone / advance the aforesaid suit from 16.03.2026 to 23.02.2026 and permit the petitioner to cross-examine PW1 by setting aside the impugned order and by issuing certain directions in this regard. 2. The said submission is placed on record. 3. In view of the aforesaid submission and on perusal of the material on record including the impugned order, I deem it just and appropriate to dispose of this petition by issuing certain directions in this regard. 4. In the result, I pass the following: ORDER (i) The petition is hereby allowed. - 3 - HC-KAR NC: 2026:KHC:9047 WP No. 37246 of 2025 (ii) The impugned order dated 25.11.2025 passed in O.S.No.1428/2018 by the II Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, is hereby set aside (iii) Application to recall PW1 filed by the defendant stands allowed. (iv) The Trial Court is directed to prepone / advance the suit from 16.03.2026 to 23.02.2026. (v) Liberty is reserved in favour of both the parties to seek advancement / preponement of the suit from 16.03.2026 to 23.02.2026. (vi) Immediately upon advancement of the suit, the petitioner-defendant is directed the complete the cross- examination of PW1 without taking any adjournment under any circumstance whatsoever. (vii) The Trial Court is directed to dispose of the suit within a period of six months from 23.02.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 2 Sl No.: 1