Karnataka High Court
WP/1749/2026 of MR. NANDEESHA B Vs MRS. ANUSUYA B on 24 September 2026
CNR: KAHC010036002026 NC: 2026:KHC:53165 WP No. 1749 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. 1749 OF 2026 (GM-CPC) BETWEEN: 1. MR. NADEESHA B., S/O. LATE B. GANGAIAH, 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. 1749 OF 2026 (GM-CPC)
BETWEEN:
1.
MR. NADEESHA B.,
S/O. LATE B. GANGAIAH,
AGED ABOUT 43 YEARS,
R/AT. NO.236, 2ND B TREE APARTMENT,
SYNDICATE BANK LAYOUT,
THUNGANAGAR, HEROHALLI,
BENGALURU - 560091.
…PETITIONER
(BY SRI SUHAIL KHAN, ADVOCATE)
AND:
1.
MRS. ANUSUYA B.,
W/O. SOMASHEKAR B.R.,
AGED ABOUT 46 YEARS,
R/AT. T. BOMMANAHALLI VILLAGE,
HULIYURUDURGA HOBLI,
KUNIGAL TALUK,
KARNATAKA - 572123.
…RESPONDENT
(BY SMT. JAYALAKSHMAMMA K.B., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE IMPUGNED ORDER DATED 05/01/2026 VIDE
ANNEXURE-A PASSED ON I.A. NO. VII UNDER SECTION ORDER
Digitally
signed by
VINUTHA B
S
Location:
High Court
of Karnataka
HC-KAR
18 RULE 17 READ WITH SECTION 151 OF CPC AND I.A. NO.
VIII UNDER SECTION 151 OF CPC IN OS 203/2022.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
This petition is filed calling in question the order dated 05.01.2026 passed in O.S. No.203/2022, whereby I.A. Nos.VII and VIII filed under Order XVIII Rule 17 and Section 151 of the Code of Civil Procedure, 1908, seeking recall of P.W.1 for cross- examination and re-opening of the case, has been rejected.
2. Learned counsel appearing for the respondent fairly submits that an opportunity to cross-examine P.W.1 may be granted, subject to appropriate terms.
3. Considering that an opportunity to cross-examine P.W.1 would assist the Court in effectively and comprehensively adjudicating the dispute and would also advance the principles of natural justice, this Court is of the view that the petitioner deserves to be afforded such an opportunity.
HC-KAR
4. Accordingly, the following:
ORDER
I. The impugned order dated 05.01.2026 passed in O.S. No.203/2022 is hereby set aside.
II. I.A. Nos.VII and VIII filed under Order XVIII Rule 17 and Section 151 of the Code of Civil Procedure, 1908, is hereby allowed.
III. The petitioner is permitted to cross-examine P.W.1, subject to payment of costs of Rs.10,000/- to P.W.1. The petitioner shall be permitted to cross-examine P.W.1 only upon payment of the aforesaid costs.
IV. The Trial Court shall ensure that no unnecessary adjournment is sought or granted for the purpose of cross- examination of P.W.1. V. With the aforesaid directions, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE
VP