Karnataka High Court
WP/25122/2026 of T VIJAY KUMAR Vs D K MALAYADRI on 13 August 2026
CNR: KAHC010552542026 NC: 2026:KHC:43079 WP No. 25122 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25122 OF 2026 (GM-CPC) BETWEEN: T VIJAY KUMAR S/O T. GANGAIAH, AGED ABOUT 46
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 25122 OF 2026 (GM-CPC)
BETWEEN:
T VIJAY KUMAR
S/O T. GANGAIAH,
AGED ABOUT 46 YEARS,
R/AT NO.716, 2ND FLOOR,
11TH CROSS, NEAR OLD MUTHYALAMMA TEMPLE, MUTHYALANAGARA - 560 054
…PETITIONER
(BY SRI. RAVI M.M., ADVOCATE)
AND:
D K MALAYADRI
S/O KONDAIAH,
AGED ABOUT 60 YEARS,
R/AT NO.716, 2ND FLOOR,
11TH CROSS, NEAR OLD MUTHYALAMMA TEMPLE, MUTHYALANAGARA - 560 054
…RESPONDENT
(BY SRI. GIRISH M.S., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE /
QUASH THE IMPUGNED ORDER DATED 27.07.2026 PASSED IN
OS NO. 1703/2025 BY THE XII ADDL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU VIDE ANNX-A AND PERMIT THE
PETITIONER/ DEFENDANT TO FURTHER CROSS OF PW-1 AND
Digitally signed
by SUVARNA T
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
LEAD HIS DEFENSE EVIDENCE BY ISSUE OF WRIT OF
CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
The petitioner/defendant is before this Court, aggrieved by the order dated 27.07.2026 passed in O.S. No. 1703/2025 by the XII Additional City Civil and Sessions Judge, Bengaluru.
2. The petitioner had filed an application seeking to reopen the case for further cross-examination of PW-1, which came to be rejected. The Trial Court has given several reasons for dismissing the application. This Court has perused the impugned order and observed that despite several opportunities granted to the petitioner-defendant, he failed to complete the cross-examination of PW-1. Under these circumstances, the Trial Court was justified in rejecting the request to reopen the case.
HC-KAR
3. Learned counsel for the respondent submits that the Trial Court has given ample opportunities to the petitioner. However, despite these opportunities, the petitioner failed to avail of same and continued to drag the matter. Consequently, the Trial Court rightly rejected the application, and there are no valid reasons to reopen the case.
4. Having heard the learned counsel on either sides, perused the material on record. The Court has considered the order passed. No doubt, there are lapses on the part of the petitioner. Considering the interest of substantial justice, this Court deems it appropriate to give the petitioner an opportunity by imposing conditions.
5. In that view of the matter, this Court is passing the following:
ORDER
i. The order dated 27.07.2026 passed in O.S. No. 1703/2025 by the XII Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside.
HC-KAR
ii. The suit is reopened, and the petitioner is permitted to cross-examine PW-1 on 31.08.2026, which he shall conclude on the very same day. iii. No further time shall be granted. This order is subject to the condition that the petitioner shall pay a cost of Rs.5,000/- to the respondent. iv. Accordingly, the writ petition is allowed. v. Pending IAs, if any, shall stand closed.
Sd/- (LALITHA KANNEGANTI) JUDGE
SMC List No.: 1 Sl No.: 7