Karnataka High Court
WP/29673/2026 of SRI LOHITH H S Vs SRI JAGADEESH H S on 29 September 2026
CNR: KAHC010648382026 NC: 2026:KHC:54118 WP No. 29673 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29673 OF 2026 (GM-CPC) BETWEEN: 1. SRI LOHITH H. S., S/O SUBRAMANI, AGED ABOUT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 29673 OF 2026 (GM-CPC)
BETWEEN:
1.
SRI LOHITH H. S.,
S/O SUBRAMANI,
AGED ABOUT 40 YEARS,
OCCUPATION: BUSINESS
RESIDING AT NO.5,
3RD CROSS, 2ND MAIN,
MARANNA LAYOUT,
NAGASANDRA POST,
DODDABIDARAKALLU,
BANGALORE -560073.
…PETITIONER
(BY SRI SURESHA N., ADVOCATE)
AND:
1.
SRI JAGADEESH H. S.,
S/O. H.N. SHIVALINGE GOWDA,
AGED ABOUT 40 YEARS,
OCCUPATION: BUSINESS
RESIDING NO.24,
25TH A CROSS, J.C. NAGAR PIPE LINE,
BANGALORE -560086
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE
THE IMPUGNED ORDER DATED 09.06.2026 PASSED IN
O.S.NO.534/2018 BY THE LEARNED III ADDITIONAL SENIOR
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
HC-KAR
CIVIL JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE, AS PER ANNEXURE-F.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
The present petition is filed impugning the order dated 09.07.2026 passed in O.S.No.534/2018 on I.A.Nos.11 and 12, filed under Order XVIII Rule 17 read and Section 151 of the CPC, seeking recall of the order dated 20.12.2023 and permission to cross-examine P.W.1.
2. Learned counsel for the petitioner submits that, though P.W.1 was cross-examined, the cross-examination could not be completed for want of instructions from the petitioner herein.
3. Considered the submission made by the learned counsel for the parties and perused the impugned order.
4. It is evident from the impugned order that the petitioner herein was afforded an opportunity to extensively cross- examine P.W.1, and the cross-examination came to be closed as far back as on 23.04.2024. Thereafter, the defendant, who
HC-KAR
is the petitioner herein, led his evidence and marked the documents. The application seeking further cross-examination of P.W.1 has been filed at the stage when the suit was posted for arguments.
5. It is noticed that the respondent had expressed no objection to reopening the cross-examination. Nevertheless, the Trial Court rejected the application, finding that no sufficient grounds were made out.
6. This Court, on perusal of the impugned order, finds justification in the rejection of the prayer seeking further cross- examination of P.W.1, particularly when the application has been filed after a lapse of more than two and a half years. No ground is made out for interference with the impugned order.
Accordingly, the writ petition stands dismissed.
Sd/- (K. V. ARAVIND) JUDGE
VP List No.: 1 Sl No.: 49