Karnataka High Court
WP/29351/2026 of SRI M B NACHAPPA Vs SMT PUSHPA BASAPPA on 24 September 2026
CNR: KAHC010637732026 NC: 2026:KHC:53004 WP No. 29351 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29351 OF 2026 (GM-CPC) BETWEEN: 1. SRI M.B. NACHAPPA S/O LATE M J BASAPPA AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 29351 OF 2026 (GM-CPC)
BETWEEN:
1.
SRI M.B. NACHAPPA
S/O LATE M J BASAPPA
AGED ABOUT 43 YEARS,
R/AT 224, 1ST MAIN ROAD,
DOMLUR, 2ND STAGE,
OFF 100 FEET ROAD,
BENGALURU - 560 071.
…PETITIONER
(BY SRI. VINAY SWAMY C., ADVOCATE)
AND:
1.
SMT. PUSHPA BASAPPA
W/O LATE M J BASAPPA
AGED ABOUT 71 YEARS,
R/AT 224, 1ST MAIN ROAD,
DOMLUR, 2ND STAGE,
OFF 100 FEET ROAD,
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
HC-KAR
BENGALURU - 560 071.
2.
SMT. SWETHA APPAYYA
D/O LATE M J BASAPPA
W/O K A APPAYYA,
AGED ABOUT 47 YEARS
R/AT NO.435, 9TH MAIN,
2ND CROSS, HAL 2ND STAGE,
BENGALURU - 560 008.
…RESPONDENTS
(BY SRI. H.R. SACHIDANAND, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 12.08.2026 PASSED BY THE HON'BLE XXXI ADDL. CITY
CIVIL AND SESSION JUDGE, AT BENGALURU IN 1.A NO. 6 AND
7 IN O.S NO.3004/2021 I.E ANNEXURE L. AND ETC,.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
HC-KAR
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ORAL ORDER
The present petition is filed impugning the order dated 12.08.2026 passed on I.A. Nos. VI and VII, filed under Order XVIII Rule 17 of the Code of Civil Procedure, 1908, seeking reopening of the evidence and recall of P.W.1 for the purpose of further cross-examination.
2. Learned counsel appearing for the petitioner submits that further cross-examination of P.W.1 could not be conducted on the dates fixed for the said purpose due to circumstances beyond the control of the petitioner. It is further submitted that the same witness was required to be cross-examined in the miscellaneous proceedings as well.
2.1 Learned counsel further submits that the opportunity of cross-examination could not be availed due to the demise of a family member of the counsel for the petitioner and also on account of certain personal inconvenience, which has been explained and supported by relevant documents.
HC-KAR
2.2 It is submitted that the inconvenience faced by the counsel ought not to result in denial of an opportunity to the petitioner to further cross-examine P.W.1.
3. Per contra, learned counsel appearing for the respondents on caveat submits that the present case is not one of denial of opportunity, but of failure on the part of the petitioner to avail the sufficient opportunities granted by the learned Trial Court. It is submitted that the impugned order does not suffer from any error warranting interference by this Court.
4. Considered the submissions made by learned counsel for the parties.
5. In view of the limited issue involved and in light of the undisputed submissions made by learned counsel for the petitioner, this Court is inclined to entertain the present petition. Any inconvenience to the counsel in proceeding with cross-examination of the witnesses should not result in denial of opportunity to the petitioner and prejudice the valuable right.
HC-KAR
6. Accordingly, the following order:
ORDER
i. The writ petition is allowed. ii. The order dated 12.08.2026 passed in O.S. No.3004/2021, pending on the file of XXXI Addl. City Civil and Sessions Judge, Bengaluru, is hereby set aside. iii. I.A. Nos. VI and VII filed under Order XVIII Rule 17 of the Code of Civil Procedure, 1908, are hereby allowed. iv. The petitioner is permitted to further cross- examine P.W.1 on the next date of hearing, i.e., 26.09.2026. v. Learned counsel for the petitioner shall avoid seeking unnecessary adjournments. vi. The petitioner shall deposit costs of Rs.2,000/- with the Karnataka Legal Services Authority
HC-KAR
within two weeks. The acknowledgement shall be placed before the trial Court.
Sd/- (K. V. ARAVIND) JUDGE
DDU List No.: 1 Sl No.: 47