SRI C GANGANNA vs SRI A R LAKSHMINARASIMHAIAH
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:54520
WP No. 20576 of 2026
CNR: KAHC010454562026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 20576 OF 2026 (GM-CPC)
BETWEEN:
1. SRI C GANGANNA
S/O LATE CHIKKAHONNAIAH
AGED ABOUT 55 YEARS
RESIDING AT AJJAHALLI VILLAGE
KUDUR HOBLI, MAGADI TALUK,
BENGALURU SOUTH DISTRICT.
PIN-562120
…PETITIONER
(BY SRI SRINIVASA MURTHY S. R., ADVOCATE)
AND:
1. SRI A R LAKSHMINARASIMHAIAH
S/O REVANNA
AGED ABOUT 62 YEARS
R/AT AJJAHALLI VILLAGE
KUDUR HOBLI, MAGADI TALUK,
BENGALURU SOUTH DISTRICT
PIN-562120
2. SMT.CHENNAMMA
W/O LATE MARIHONNAIAH
AGED ABOUT 55 YEARS
RESIDING AT AJJAHALLI VILLAGE
JUDUR HOBLI, MAGADI TALUK,
BENGALURU SOUTH DISTRICT
PIN -562120
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
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3. SMT. VANAJAKSHAMMA
W/O BASAVARAJU
D/O LATE MARIHONNAIAH
AGED ABOUT 25 YEARS
RESIDING AT THOTAGERE VILLAGE
DASANAPURA HOBLI
BENGALURU NORTH TALUK-563162.
4. SMT. LAKSHMAMMA
W/O CHIKKAHONNAIAH
AGED ABOUT 70 YEARS
RESIDING AT AJJAHALLI VILLAGE
JUDUR HOBLI, MAGADI TALUK,
BENGALURU SOUTH DISTRICT
PIN-562120
5. SRI. HONNABASAVAIAH
S/O LATE CHIKKAHONNAIAH
AGED ABOUT 55 YEARS
RESIDING AT AJJAHALLI VILLAGE
JUDUR HOBLI, MAGADI TALUK,
BENGALURU SOUTH DISTRICT PIN -562120
6. SRI. RAMAKRISHNAIAH
S/O LATE CHIKKAHONNAIAH
AGED ABOUT 50 YEARS
RESIDING AT AJJAHALLI VILLAGE
JUDUR HOBLI, MAGADI TALUK,
BENGALURU SOUTH DISTRICT
PIN -562120
7. SRI. LAKSHMAIAH
S/O LATE CHIKKAHONNAIAH
AGED ABOUT 48 YEARS
RESIDING AT AJJAHALLI VILLAGE
JUDUR HOBLI, MAGADI TALUK,
BENGALURU SOUTH DISTRICT
PIN-562120
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8. SRI. SIDDAGANGAIAH
S/O LATE CHIKKAHONNAIAH
AGED ABOUT 60 YEARS
RESIDING AT AJJAHALLI VILLAGE
JUDUR HOBLI, MAGADI TALUK,
BENGALURU SOUTH DISTRICT
PIN-562120
9. SMT.RUKKAMMA
W/O LATE MAREGOWDA
AGED ABOUT 60 YEARS
RESIDING AT AJJAHALLI VILLAGE
JUDUR HOBLI, MAGADI TALUK,
BENGALURU SOUTH DISTRICT
PIN -562120
10. SRI. NARAYANAPPA
S/O LATE MAREGOWDA
AGED ABOUT 36 YEARS
RESIDING AT AJJAHALLI VILLAGE JUDUR HOBLI,
MAGADI TALUK, BENGALURU SOUTH DISTRICT
PIN -562120
11. SMT. PUSHPALATHA
W/O ANANDA
D/O OF LATE MAREGOWDA
AGED ABOUT 30 YEARS
RESIDING AT AJJAHALLI VILLAGE JUDUR HOBLI,
MAGADI TALUK, BENGALURU SOUTH DISTRICT
PIN -562120
12. SRI. DODDANARASIMHAIAH
S/O LATE MANDAIAH
AGED ABOUT 68 YEARS
RESIDING AT AJJAHALLI VILLAGE JUDUR HOBLI,
MAGADI TALUK, BENGALURU SOUTH DISTRICT
PIN-562120.
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13. SRI. SIDDARAMAIAH
S/O LATE MANDAIAH
AGED ABOUT 66 YEARS
RESIDING AT AJJAHALLI VILLAGE JUDUR HOBLI,
MAGADI TALUK, BENGALURU SOUTH DISTRICT
PIN-562120
14. SRI. JAYARAMAIAH
S/O LATE MANDAIAH
AGED ABOUT 63 YEARS
RESIDING AT NO.125/1, 2ND CROSS,
K.P. AGRAHARA, (MINI BRIEDGE ROAD)
BENGALURU -560023
15. SRI. NARAYANAPPA
S/O LATE MANDAIAH
AGED ABOUT 60 YEARS
RESIDING AT AJJAHALLI VILLAGE JUDUR HOBLI,
MAGADI TALUK, BENGALURU SOUTH DISTRICT
PIN-562120
16. SMT. RENUKAMMA
D/O LATE MANDAIAH
AGED ABOUT 58 YEARS
RESIDING AT NO.49/1,
DODDAIAH BUILDING PANTHARAPALYA,
MYSORE ROAD, NAYANDAHALLI,
BENGALURU-560026.
17. SRI. VASANTHAIAH
D/O LATE MANDAIAH
AGED ABOUT 55 YEARS
RESIDING AT NO.49/1,
DODDAIAH BUILDING PANTHARAPALYA,
MYSORE ROAD, NAYANDAHALLI,
BENGALURU-560026.
18. SRI. K.N. SURESH
S/O LATE NANJAPPA
AGED ABOUT 55 YEARS
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RESIDING AT MAHADEVAPURA VILLAGE
KASABA HOBLI, NELAMANGALA TALUK
BENGALURU RURAL DISTRICT-562162.
19. SMT. GANGALAKSHMAMMA
W/O C.GANGAIAH
AGED ABOUT 52 YEARS
RESIDING AT HONNADEVI NILAYA,
MAIN ROAD, NEAR WATER TANK
CHIKKABIDARUKALLU,
BENGALURU NORTH-562162.
20. SRI. RAJESH G
S/O C.GANGAIAH
AGED ABOUT 31 YEARS
RESIDING AT HONNADEVI NILAYA,
MAIN ROAD, NEAR WATER TANK
CHIKKABIDARUKALLU
BENGALURU NORTH-562162.
21. SRI. MAHESH G
S/O C.GANGAIAH
AGED ABOUT 30 YEARS
RESIDING AT HONNADEVI NILAYA,
MAIN ROAD, NEAR WATER TANK
CHIKKABIDARUKALLU
BENGALURU NORTH-562162.
22. SMT.LALITHA
W/O A.C.RAMAKRISHNAIAH,
AGED ABOUT 45 YEARS
RESIDING AT NO.434,
1ST C CROSS, 8TH A MAIN ROAD,
3RD STAGE, 4TH BLOCK,
BASAVESHWARANAGARA,
BENGALURU NORTH-560085.
23. SRI. SATHYARAJ R.,
S/O A.C.RAMAKRISHNAIAH
AGED ABOUT 26 YEARS
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NC: 2026:KHC:54520
WP No. 20576 of 2026
CNR: KAHC010454562026
RESIDING AT NO.434, 1ST C CROSS
8TH A MAIN ROAD, 3RD STAGE,
4TH BLOCK, BASAVESHWARANAGARA,
BENGALURU NORTH-560085.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED ORDER PASSED IN I.A. NO.48 AND 49 DATED- 01-
06-2026 FILED BY THE 1ST RESPONDENT IN O.S.NO.799/2014
ON THE FILE OF THE PRL CIVIL JUDGE, SENIOR DIVISION AND
JMFC AT MAGADI AT ANENXURE-A SENIOR CIVIL JUDGE JMFC
MAGADI DATED 01.06.2026.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
1. This petition is filed impugning the order dated
01.06.2026 passed in O.S.No.799/2014, whereby I.A.Nos.48
and 49 came to be rejected. I.A.No.48 was filed under Order
XVIII Rule 17 of the CPC seeking to recall PW5 for cross-
examination, while I.A.No.49 was filed under Section 151 of the
CPC seeking to reopen the stage of cross-examination of PW5.
2. Learned counsel appearing for the petitioner submits
that, on the day when the case was posted for cross-
examination of PW5, owing to the non-availability of the
counsel for the petitioner, the cross-examination could not be
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HC-KAR
NC: 2026:KHC:54520
WP No. 20576 of 2026
CNR: KAHC010454562026
conducted. It is submitted that, if one more opportunity is
granted, no prejudice would be caused to PW5. It is further
submitted that the application seeking recall of PW5 for cross-
examination could not be filed immediately in view of the other
applications filed in the suit.
3. Considered the submissions made by the learned counsel
for the petitioner and perused the impugned order.
4. PW5 was examined, and an opportunity was granted to
defendant No.5 to cross-examine PW5. As the cross-
examination could not be conducted on 28.03.2024 due to the
non-availability of the counsel, the same came to be taken as
‘nil’. The non-availability of the counsel to cross-examine PW5
on 28.03.2024 can be considered a justifiable ground
warranting grant of another opportunity. However, the difficulty
in the present case is with regard to the date on which the
request for recalling PW5 for cross-examination was made. The
application seeking recall of PW5 for cross-examination came to
be filed only on 26.02.2026, i.e., more than two years
thereafter.
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CNR: KAHC010454562026
4.1 The petitioner has slept over his right to cross-examine
PW5, and permitting him to do so at this stage would not only
result in harassment but also cause prejudice to the rights of
the parties. It would also amount to permitting an abuse of the
process of law. The order rejecting the prayer for recalling PW5
for cross-examination is a reasoned order. This Court finds no
justification to interfere with the same.
dismissed.
5. Accordingly, the petition is
Sd/-
(K. V. ARAVIND)
JUDGE
VP
List No.: 1 Sl No.: 43