Full Judgment Text
NC: 2026:KHC:11849
WP No. 19480 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 25 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
WRIT PETITION NO. 19480 OF 2021 (GM-CPC)
BETWEEN:
K.G.GURUSHANKAR
S/O LATE GOVINDAIAH,
AGED ABOUT 54 YEARS,
RD
R/O #50, 3 CROSS,
VIDYARANYANAGAR,
OLD TOLLAGATE, BENGALURU-23.
BUSINESS CENTER
AT 50, HAVANURU COMPLEX,
HAVANURU CIRCLE, MIG, K.H.B.COLONY,
BASAVESHWARANAGARA,
BENGALURU-79.
WORKING AT GOVERNMENT
CENTRAL PRESS CLUB BUILDING,
TH
8 MAIN, R.V.COLLEGE POST,
MYSORE ROAD, BENGALURU-59.
…PETITIONER
(BY SRI. HALLI.S.B., ADVOCATE)
AND:
K.VENKATESH
S/O KEMPEGOWDA,
AGED ABOUT 65 YEARS,
TH TH
R/O #5/5, 5 CROSS, 5 MAIN,
NEAR BHASHYAM CIRCLE,
RAJAJINAGAR, BENGALURU-10.
…RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
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NC: 2026:KHC:11849
WP No. 19480 of 2021
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED COMMON ORDER PASSED BY THE LEARNED CITY
CIVIL AND SESSIONS JUDGE BENGALURU (CCH-19) IN
O.S.NO.4663/2016 ON IAs NO.7 AND 8 FILED UNDER ORDER
18 RULES 17 U/S 151 OF CPC DATED 21.10.2021 VIDE
ANNEXURE-H.
THIS WRIT PETITION, COMING ON FOR HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL ORDER
1. This Court, had, on 12.01.2026, after hearing the
petitioner, passed the following directions:
“1. None appears for the respondent despite service.
2. The present petition seeks to challenge an order dated
21.10.2021 in O.S.No.4663/2016 passed by the learned
City Civil and Sessions Judge, Bengaluru (hereinafter
referred to as the “Impugned Order”). By the Impugned
Order, two applications, (i) I.A.No.7 filed under Order 18
Rule 17 of the CPC to recall the order dated 21.12.2019
and (ii) I.A.No.8 filed under Section 151 of CPC to reopen
the case and permit the petitioner/defendant to adduce
evidence, have been dismissed.
3. So far as the application under Order 18 Rule 17 of the
CPC, the prayer in the said application is to recall the
order dated 21.12.2019 to adduce further evidence, while
the prayer in the application under Section 151 of CPC is
also similar.
4. It is apposite to set out the relevant extract of these
applications below:
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NC: 2026:KHC:11849
WP No. 19480 of 2021
HC-KAR
“I.A.No.7- Order 18 Rule 17 of the Civil Procedure
Code, 1908
That for the reasons stated in the accompanying affidavit,
the Defendant prays that this Hon’ble Court be pleased to
recall the order dated 21.12.19 thereby permit the
Defendant to adduce his evidence in the above case, in
the interest of justice and equity.
I.A.No.8-Section 151 of the Code of Civil Procedure,
1908
That for the reasons stated in the accompanying affidavit,
the Defendant prays that this Hon’ble Court be pleased to
reopen the above case thereby permit the defendant to
adduce his evidence in the above case, in the interest of
justice and equity.”
5. As can be seen from the above extract, the applications
are similar in nature. The respondent has filed common
objections to both these applications.
6. The learned Trial Court has by the Impugned Order
found that the sufficient opportunity was already given to
the petitioner/defendant and that these applications were
filed belatedly. The record however reflects that the order
sheet of the learned Trial Court has not been filed before
this Court. Let a typed copy of the order sheet be placed
on record within ten days.”
2. The matter was thereafter listed for hearing on
28.01.2026. There was no presence for the petitioner on
the last date. None appears for the petitioner today,
despite the matter being called out twice.
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NC: 2026:KHC:11849
WP No. 19480 of 2021
HC-KAR
3. This petition is accordingly, dismissed in default
and for non-prosecution . All pending applications stand
Digitally signed by TARA
VITASTA GANJU
Location: HIGH COURT
OF KARNTAKA
closed.
(TARA VITASTA GANJU)
JUDGE
BMV*
List No.: 1 Sl No.: 40
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