- 1 - HC-KAR NC: 2025:KHC:29368 WP No. 21854 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.21854 OF 2025 (GM-CPC) BETWEEN: 1. NARESH KUMAR S/O LATE HANUMANRAM AGED ABOUT 27 YEARS 2. DINESH KUMAR S/O LATE HANUMANRAM AGED ABOUT 23 YEARS BOTH ARE R/O NO.27 DEEPA RAM, II CROSS NEAR SHASTHRI MEMORIAL SCHOOL SMR LAYOUT, DODDABASAVANAPURA BENGALURU 560 049 …PETITIONERS (BY SRI. THYAGARAJ.M., ADVOCATE) AND: 1. KAMMANAHALLI ST. MARY'S EDUCATIONAL SOCIETY HAVING OFFICE AT MANDUR (V) VIRGONAGAR POST, BUDIGERE CROSS, DEVANAHALLI ROAD, HOSKOTE BENGALURU RURAL DISTRICT 560 049 REP. BY ITS PRESIDENT VISHNU KUMAR S/O BIDARAM, AGED ABOUT 47 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29368 WP No. 21854 of 2025 R/O GR SUN VILLA NIMBEKAYIPURA, BIDARAHALLI BENGALURU 560 049 REGISTERED UNDER THE SOCIETIES ACT 2. AKSHAY KUMAR S/O LATE HANUMANRAM AGED ABOUT 23 YEARS R/O NO.27, DEEPA RAM, II CROSS NEAR SHASTHRI MEMORIAL SCHOOL SMR LAYOUT, DODDABASAVANAPURA BENGALURU 560 049 3. ASHAPURA HARDWARE & GLASS PLYWOOD A PROPRIETORSHIP REPRESENTED BY AKSHAY KUMAR, DINESH KUMAR AND NARESH KUMAR HAVING OFFICE AT SY.NO. 101 K. DOMMASANDRA WHITEFIELD MAIN ROAD, SONNENAHALLI K.R.PURAM, BENGALURU 560 007 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 19.06.2025 PASSED IN COM.O.S.NO. 48/2025 PENDING BEFORE COMMERCIAL COURT HALL NO.86 BENGALURU CITY PRODUCED AS ANNX-B AND FURTHER ALLOW THE PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29368 WP No. 21854 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: (a) by way of a writ of certiorari or any other appropriate Writ, Direction or Order, quash the order dated 19-6-2025 passed in Com.O.S. No.48/2025, pending before Commercial Court Hall No.86, Bengaluru City, produced as Annexure 'B' and further allow the Petition; (b) by way of a writ of certiorari or any other appropriate Writ, Direction or Order permitting the Petitioners for filing their defence through written statement and further direct the trail court to taken on record for adjudication in accordance with law; (c) pass such order or orders as this Hon'ble Court deems fit. 2. Learned counsel for the petitioners after arguing the matter at length would restrict his prayer to permit the petitioners to cross-examine the plaintiff or his witnesses in accordance with law. It is made clear that non-filing of written - 4 - HC-KAR NC: 2025:KHC:29368 WP No. 21854 of 2025 statement cannot be used for denial of cross-examination by any means. 3. With the aforesaid observation, petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SMJ List No.: 1 Sl No.: 131