- 1 - HC-KAR NC: 2025:KHC:42893 WP No. 24421 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 24421 OF 2023 (GM-CPC) BETWEEN: BASAVAIAH B AGED ABOUT 67 YEARS S/O LATE BASAVAIAH PRESIDENT, KANAKA SEVA SAMITHI NO. 1/19, RUDRAPPA GARDEN KASTURI BA NAGARA BENGALURU - 560 026. …PETITIONER (BY SRI RAVI H.K, ADV.) AND: 1. KANAKA SEVA SAMITHI TRUST REPRESENTED BY TRUSTEE NAGARAJU. M AGED ABOUT 50 YEARS S/O MARALLI GOWDA NO. 10, 7TH CROSS ROAD VITTALA NAGARA BENGALURU-560026. (A REGISTERED TRUST) 2. RAMU ALIAS SHED RAMANNA AGED ABOUT 57 YEARS, S/O LATE BASAVE GOWDA, TRUSTEE, KANAKA SEVA SAMITHI, NO. 128, ASHWATH KATTE MAIN ROAD, RUDRAPPA GARDEN, KASTURI BA NAGARA, BENGALURU - 560 026. 3. MALLESHAPPA D ABOUT 64 YEARS, S/O DODDAIAH, EX-CONVENER, TRUSTEE, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42893 WP No. 24421 of 2023 KANAKA SEVA SAMITHI, NO. 39, KALIDASA LAYOUT, BENGALURU - 560 050. 4. NAGARAJU M AGED 50 YEARS, S/O MARALLI GOWDA, TRUSTEE, ACTING GENERAL SECRETARY, KANAKA SEVA SAMITHI, NO. 10, 7TH CROSS ROAD, VITTALA NAGARA, BENGALURU - 560 026. 5. HUCHUHAIAH AGED ABOUT 69 YEARS, S/O MADAIAH, EX-VICE-PRESIDENT, KANAKA SEVA SAMITHI, NO. 20/2, ASHWATH KATTE ROAD, KASTURI BA NAGARA, BENGALURU - 560 026. 6. VENKATARAMU AGED 57 YEARS, S/O CHIKKA NANE GOWDA, TRUSTEE, KANAKA SEVA SAMITI, R/O M/S ANNAPOORNESWARI BANGLE, RUDRAPPA GARDEN, BENGALURU - 560 026. 7. LINGARAJU ABOUT 55 YEARS, S/O BHASKARAPPA, TUSTEE, KANAKA SEVA SAMITHI, NO. 17, KASTURI BA NAGARA BENGALURU - 560 026. 8. SHANKAR.K AGED ABOUT 54 YEARS, S/O KALAPPA, EX-GENERAL SECRETARY KANAKA SEVA SAMITHI, NO. 5, IKALIDASA LAYOUT, BENGALURU - 560 050. - 3 - HC-KAR NC: 2025:KHC:42893 WP No. 24421 of 2023 9. SIDDHU N AGED 42 YEARS, S/O NANJUNDE GOWDA, ACTTING GENERAL SECRETARY, KANAKA SEVA SAMITHI, NO. 50. 6TH CROSS ROAD, VITTAL NAGARA, BENGALURU - 560 026. 10. MALLESH ABOUT 50 YEARS, S/O MALLE GOWDA, TRUSTEE, KANAKA SEVA SAMITHI, NO. 47/5, SECOND MAIN ROAD, VITTAL NAGARA, BENGALURU - 560 026. 11. GANESH ABOUT 59 YEARS, S/O LATE SIDDAIAH, DONOR AND ACTING PRESIDENT, KANAKA SEVA SAMITHI, NO. 90/14, 5 H CROSS, VITTAL NAGARA WEST, BENGALURU - 560 026. 12. RAJASHEKHAR D ABOUT 51 YEARS, S/O LATE DODDANNA, DONOR, KANAKA SEVA SAMITHI, NO. 53/1, CHOWLA GALLI, CUBBON PET, BENGALURU - 560 003. 13. NAGANNA AGED ABOUT 66 YEARS, S/O LATE MADAJAH, DONOR, KANAKA SEVA SAMITHI, NO. 10/2, 6TH CROSS, KASTURI BA NAGARA, RUDRAPPA, BENGALURU - 560 026. 14. MESTHRI MAHADEVANNA ABOUT 66 YEARS, S/O LATE PUTTE GOWDA, DONOR, KANAKA SEVA SAMITHI, - 4 - HC-KAR NC: 2025:KHC:42893 WP No. 24421 of 2023 KASTURI BA NAGARA, BENGALURU - 560 026. 15. PARAMANANDU ABOUT 56 YEARS, S/O LATE LAKKAIAH, DONOR, KANAKA SEVA SAMITHI, NO.30, KALIDASA NAGARA, SRINAGARA BENGALURU - 560 050. 16. SHANTHARAJU K ABOUT 47 Y EARS, S/O KUMMAIAH, DONOR, KANAKA SEVA SAMITHI, NO.18/24, 7TH CROSS KASTURI BA NAGARA, ASHWATH KATTE ROAD, BENGALURU - 560 026. 17. MARISWAMI ABOUT 51 YEARS, S/O RAMALINGE GOWDA, DONOR, KANAKA SEVA SAMITHI, NO. 91/1,SECOND MAIN ROAD, 9TH CROSS, VITTALA NAGARA, BENGALURU - 560 018. 18. M. NANJUNDA ABOUT 54 YEARS, S/O LATE MALLAIAH, DONOR, KANAKA SEVA SAMITHI, NO. 6/103, ADARSHA NAGARA, 4TH MAIN, 9TH BLOCK, CHAMARAJAPET, BENGALURU - 560 018. 19. RAMALINGE GOWDA ABOUT 63 Y EARS, S/O LATE LINGAIAH, DONOR, KANAKA SEVA SAMITHI, NO. 8, AKSHAYA, 4TH CROSS, 17TH MAIN, MUNESHWARA BLOCK, BENGALURU - 560 050. - 5 - HC-KAR NC: 2025:KHC:42893 WP No. 24421 of 2023 20. MAHADEVAIAH ABOUT 64 YEARS, S/O LATE KARAGE GOWDA, DONOR, KANAKA SEVA SAMITHI, R/O NO. 90/10, 3RD CROSS, VITTALA NAGARA WEST EXTENSION, BENGALURU - 560 026. 21. P.KUMAR ABOUT 51 YEARS, S/O PUTTAMADE GOWDA, ASSISTANT SECRETARY, KANAKA SEVA SAMITHI, NO. 18/23, 6 CROSS, KASTURIBA NAGARA, BENGALURU - 560 026. 22. CHIKKAMADE GOWDA ABOUT 66 YEARS, INTERNAL AUDITIOR, KANAKA SEVA SAMITHI, NO. 18/23, RUDRAPPA GARDEN, K.B. NAGARA, BENGALURU - 560 026. 23. KARIBASAVAIAH, AGED ABOUT 61 YEARS, S/O MADAIAH, TRUSTEE, KANAKA SEVA SAMITHI, NO. 17, KASTURI BA NAGARA BENGALURU - 560 026. …RESPONDENTS (BY SRIL.S. MANJUNATH, ADV., FOR R-2 TO R-4, R-6 TO R-17, R-19 & R-20; R-1 & R-5 SERVED - UNREPRESENTED V/O/D 03.01.2024 & 16.10.2025, NOTICE TO R-21 TO R-23 & R-18 IS D/W) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 02.08.2023 AT ANNEXURE-E PASSED BY THE COURT OF THE LVI ADD. CIVIL JUDGE AND SESSION SJUDGE AT BENALURU (CCH-57) - 6 - HC-KAR NC: 2025:KHC:42893 WP No. 24421 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant No.1 is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set-aside the order dated 02.08.2023 passed in OS No.7556/2017 by the Court of LVI Additional City Civil and Sessions Judge, Bengaluru and has also sought for issuing a writ of mandamus directing the said Court to examine respondent No.5 herein (plaintiff No.5) as a Court Witness and allow the petitioner to cross-examine the said witness. 2. Heard the learned counsel for the parties. 3. OS No.7556/2017 is filed before the jurisdictional Civil Court at Bengaluru seeking relief of declaration and permanent injunction. In the said suit, defendant Nos.1 and 4 had filed a detailed written statement opposing the prayer made in the suit. IA No.11 was filed in the said suit under Order XVI Rule 1 and Rule 2 of CPC by defendant No.1 with a prayer to summon plaintiff No.5, namely, Huchchaiah, as a witness and the said - 7 - HC-KAR NC: 2025:KHC:42893 WP No. 24421 of 2023 application was allowed on 21.07.2023 and witness summons was issued to plaintiff No.5. On 02.08.2023, plaintiff No.5 had appeared before the Court, but a request was made by defendant No.1 to examine plaintiff No.5 as a Court Witness. It appears that Court had orally refused the said oral request made by defendant No.1 and vide the impugned order dated 02.08.2023 had finally adjourned the case to 03.08.2023 for defence evidence. Aggrieved by the said order, defendant No.1 is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that defendant No.1 has now examined himself as DW1 and the suit is at the stage of cross-examination of DW1. Immediately after completion of the evidence of DW1, plaintiff No.5 to whom witness summons was issued pursuant to the order passed on IA No.11 would be examined. If the Trial Court is directed to issue fresh witness summons to the said witnesses after the examination of DW1 is completed, the petitioner would be satisfied. - 8 - HC-KAR NC: 2025:KHC:42893 WP No. 24421 of 2023 5. Per contra, learned counsel for the respondents fairly submits that he has no objection for granting of the said relief to the petitioner. 6. The submissions made on both sides is placed on the record. 7. Writ petition is disposed off with a direction to the Trial Court to permit the petitioner to examine plaintiff No.5 immediately after examination of DW1 is completed. To enable the petitioner to so examine plaintiff No.5, if necessary, the Trial Court shall issue fresh witness summons to plaintiff No.5. Since the suit is of the year 2017, endeavor shall be made by the Trial Court to expedite the trial and dispose off the suit on merits as expeditiously as possible. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 33