- 1 - NC: 2025:KHC:4529 WP No. 35976 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 35976 OF 2019 (GM-CPC) BETWEEN: 1. MUKUNDA KRISHNA S/O CHANDRAIAH, AGED ABOUT 44 YEARS, R/AT NO. 98, RAGHAVENDRA KRUPA, 7TH CROSS, 7TH MAIN, J.P.NAGAR 3RD PHASE, NEXT TO PUNJAB NATIONAL BANK, BENGALURU - 560 078 2. L. KRISHNAMURTHY S/O LATE SRINIVASULU NAIDU, AGED ABOUT 45 YEARS, R/AT NO. 83/A, 3RD MAIN, DOLLARS COLONY, BTM 2ND STAGE, BENGALURU - 560 076. …PETITIONERS (BY SRI. K.N.PUTTE GOWDA, ADVOCATE) AND: 1. SRI. NARENDRA SINGH S/O LATE SHIV RAJ SINGH, AGED ABOUT 65 YEARS, R/AT NO. 237, STREET NO.2, GOPALAPUR VILLAGE, AZADPUR POST, DELHI - 110 009 2. GIRISH RAI S/O GIRISH RAI, S/O LATE DEERANA RAI, AGED ABOUT 43 YEARS, R/AT NO. 253, 29TH MAIN, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4529 WP No. 35976 of 2019 1ST PHASE, JP NAGAR, BENGALURU - 560 078 …RESPONDENTS (BY SRI. HARISH H.V., ADVOCATE FOR R1 R2 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH BOTH THE ORDERS DATED: 26.6.2018 AND 25.6.2019 PASSED BY THE SENIOR CIVIL JUDGE, MADDUR IN O.S.NO.18/2016 ON I.A.NO.12 VIDE ANNEXURE-G. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed aggrieved by orders passed on I.A.No.12 in OS No.18/2016 dated 25.06.2019 by the Senior Civil Judge, Maddur whereby, the Court had directed to suggest the name of any of the Mohammedan advocates practicing either at Maddur or at Mandya so as to act as interpreter or translator for the purpose of cross examination of PW-1 within one week, failing which as suggested by the learned counsel for the plaintiff any of the advocates among the Mohammedan advocates from Bengaluru will be appointed as interpreter or translator, the defendant is before this court. - 3 - NC: 2025:KHC:4529 WP No. 35976 of 2019 2. Though this matter has come up before this Court on two occasions there is no representation on behalf of the petitioner. 3. Learned counsel appearing for the respondent/ plaintiff submits that the court has passed an order considering the fact that for recording of the cross- examination as the court is not well versed with Hindi language, the court mentioning the Mohammedan advocate is for the purpose that they are well versed with the language and without any basis the present writ petition is filed. The suit is of the year 2016, the entire proceedings in the suit are stopped. 4. Having heard the learned counsel for the respondent, perused the entire material on record. Earlier the trial Court had passed an order dated 26.06.2018 whereby the Court had allowed the application under 151 CPC and directed that a qualified person shall be appointed as a translator for the purpose of recording the evidence of PW-1 and the request of the plaintiff to appoint the application schedule person as a translator is rejected. - 4 - NC: 2025:KHC:4529 WP No. 35976 of 2019 Thereafter this present order came to be passed. In the considered opinion of this court, if the court requires any assistance for that, the trial court should have not passed such an order and the order that is passed by the trial court is unsustainable. 5. Accordingly, this Court is passing the following: ORDER i. The orders passed on I.A.No.12 under section 151 of CPC in OS.No.18/2016 dated 25.06.2019 by the Senior Civil Judge, Maddur is set aside and the court shall appoint a translator who is a lecturer, teacher of a government school or any other person who is well- versed with the Hindi language. ii. Accordingly, the writ petition is disposed of. iii. All I.As., in the writ petition shall stand closed. [ SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 3