- 1 - HC-KAR NC: 2025:KHC-D:17026 WP No. 108902 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108902 OF 2025 (GM-CPC) BETWEEN: THE KARNATAKA GYMKHANA ASSOCIATION, REGISTERED OFFICE AT BAILAPPANAVAR NAGAR, HUBLI-580 029, REPRESENTED BY ITS CHAIRMAN, SHRI H.N. NANDAKUMAR S/O NARAYAN SHASTRI. … PETITIONER (BY SRI. PRAKASH K. JAWALKAR, ADVOCATE) AND: 1. HUBLI SPORTS GROUND BACHAVU COMMITTEE BY ITS PRESIDENT, C.B.L. HEGDE, AGE. 55 YEARS, OCC. BUSINESS, R/O. KUMBAKONUM PLOT, DESHPANDE NAGAR, HUBLI-580 029. 2. 3. 4. 5. 6. C.B.L. HEGDE, AGE: 55 YEARS, OCC: BUSINESS, R/O. KUMBAKONUM PLOT, DESHPANDE NAGAR, HUBLI-580 029. VENKATESH SAVADATTI, AGE: 58 YEARS, OCC: BUSINESS, R/O: DESHPANDE NAGRA, HUBLI-580 029. MANOJ HANAGAL, AGE: 49 YEARS, OCC: ADVOCATE, R/O: DESHPANDE NAGAR, HUBLI-580 029. VINAYAK SHIRALKAR, AGE: 54 YEARS, OCC: RTD. BANK EMPLOYEE, R/O: BENGERI, GOPANAKOPPA, HUBLI. HUVAPPA DAYAGUDI, AGE: 46 YEARS, OCC: EX CORPORATE, R/O: BENGERI, GOPANAKOPPA, HUBLI. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17026 WP No. 108902 of 2025 7. 8. 9. 10. 11. 12. 13. AMRUT IJARI, AGE: 36 YEARS, OCC: PRESIDENT KARNATAKA RAKSHANA VEDIKE HUBLI, R/O: NEAR RAMBAPURI KALYAN MANTAP, VIDYANAGAR, HUBLI. SHAILENDRAKUMAR S/O CHANDRAKANT PATIL, AGE: 35 YEARS, OCC: AAM PARTY WORKER, R/O. H.NO.23, VINAYAK COLONY, SANTOSH NAGAR, HUBLI. M.A. SUBRAMANYA AGE: 51 YEARS, OCC: BOOK SELLER, R/O: NEAR GARDEN, VISHWESHWAR NAGAR, HUBLI. RAMESH BADNUR, AGE: 35 YEARS, OCC: MEMBER KARNATAKA RAKSHANA VEDIKE, R/O: MAHENDRAKAR CHAWL, K.C. PARK, DHARWAD. DR. SHRIKRISHNA NADAGOUDA, AGE: 60 YEARS, OCC: MEDICAL PRACTITIONER, R/O: JAYAPRIYA HOSPITAL, BAILAPPANAVAR NAGAR, HUBLI. KADAYYA S/O GURUSIDDAYYA HIREMATH, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: SARVADAY CIRCLE, KESHWAPUR, HUBLI. ABHIMANYU MADIWALAR, AGE: 52 YEARS, OCC: BUSINESS, JAWAHAR APARTMENT, MADIWAL COLONY, DHOBIGHAT MANI ROAD, HUBLI-580 028. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ANY OTHER ORDER OR TO SET ASIDE THE ORDER PASSED ON I.A. NO.15 FILED UNDER ORDER XVI RULE 1 AND 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE PASSED IN ORIGINAL SUIT NO.588/2013 BY THE III ADDL. CIVIL JUDGE AND JMFC, HUBBALLI ON PASSED ON 04.11.2025 (WHICH IS AT ANNEXURE-E) AND THEREBY DISMISS THE SAID APPLICATION AS DEVOID OF MERITS AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:17026 WP No. 108902 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 04.11.2025 allowing the defendants’ application to summon two witnesses. One among them is the Municipal Commissioner and another person is said to be a resident of the locality. 2. Learned counsel for the plaintiff/petitioner would submit that, reasons are not explained in the written statement or in the application as to why those witnesses are necessary for adjudication of the case at hand. 3. It is not in dispute that the property is located within the jurisdiction of Hubli-Dharwad Municipal Corporation. Learned counsel for the petitioner submits that the property belongs to the State. That appears to be the contention of the defendants also. - 4 - HC-KAR NC: 2025:KHC-D:17026 WP No. 108902 of 2025 4. Under these circumstances, if the defendants intend to examine the Municipal Commissioner within whose jurisdiction the property is located, this Court is of the view that the said exercise cannot be said to be totally irrelevant in the facts and circumstances of the case. 5. Apart from that, the defendants also intend to examine one person who is said to be a resident of the locality. 6. This Court is of the view that, whether their evidence is of relevance or not shall be considered at the time of recording the evidence. Under these circumstances, there is no need to interfere with the order passed by the Trial Court. Accordingly the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE EM CT:BCK LIST NO.: 1 SL NO.: 19