- 1 - HC-KAR NC: 2025:KHC-D:17275 WP No. 106476 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106476 OF 2025 (GM-CPC) BETWEEN: SREE SREE 1008 JAGADGURU TILOCHANA, RAJADESHAKENDRA SIVACHAARYA SWAMYGALU, AGE. 46 YEARS, R/O. BALLARI, DIST. BALLARI-583 101. … PETITIONER (BY SRI. C.R. HIREMATH, ADVOCATE) AND: 1. Y.M. SIVAKUMAR S/O SRI. CHANDRASEKHARAIAH, AGE. 76 YEARS, R/O. HIRALUKKADAM, BALLARI-583 101. 2. S. HANUMANTHAPPA S/O SIVANNA, AGE. 48 YEARS, R/O. MURTHI COLONY, NEAR HUSSAINNAGAR, BALLARY-583 101. 3. SRI. J. SOMASEKHAR S/O SRI. J. TIPPESWAMY, AGE. 54 YEARS, R/O. ROPPA VILLAGE, SIDDAPUR POST, LOLAKALMURU TALUK, CHITRADURGA DISTRICT-577 535. 4. SRI. B. MALLIKARJUNA S/O BHEEMAYYA, AGE. 58 YEARS, OCC. ROPPA VILLAGE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:48 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17275 WP No. 106476 of 2025 SIDDAPUR POST, LOLAKALMURU TALUK, CHITRADURGA DISTRICT-577 535. 5. SREEMADH UJJAINI SADHDHARMA SIMHASANA SAMSTHANA MUTT, UJJAINI, KUDLIGI TALUK, DIST. BALLARI-583 101. 6. SREE MAHANTHA RAJADESHAKENDRA SIVAACHAARYA MAHASWAMYGALU, AGE. 52 YEARS, R/O. UJJAINI, TQ. KUDLIGI, DIST. BALLARI-583 101. … RESPONDENTS (BY SRI. SHARANU NANDOOR, ADVOCATE FOR R5 AND R6; NOTICE TO R1 TO R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH THE ORDER DATED 23.08.2025 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, BALLARI IN O.S. NO.6/2012 ON I.A. NO.27 FILED UNDER ORDER 16 RULE 1, 5 AND 6 OF CIVIL PROCEDURE CODE, 1908, COPY OF THE SAME IS PRODUCED AT ANNEXURE-A BY ALLOWING THE APPLICATION AT ANNEXURE-E AND E1 AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17275 WP No. 106476 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Petition is filed challenging the order dated 23.08.2025 passed by the Principal District and Sessions Judge, Ballari on I.A. No.27 in O.S. No.6/2012, rejecting the application to summon the witnesses on two documents referred to by the plaintiffs. 2. The application is dismissed on the premise that application is not properly signed and filed. Though the Trial Court is justified in dismissing the application for want of necessary particulars, what is required to be noticed is; in case the writ petition is dismissed the petitioner can file one more application by removing the defect, in the application. 3. Learned counsel for respondents has opposed the application stating that the application has to be filed before the Trial Court. The Court is of the view that even if the application is filed before the Trial Court, the same requires to be allowed as the witnesses according to the plaintiffs are the witnesses who have signed the documents on which, the plaintiffs are relying. - 4 - HC-KAR NC: 2025:KHC-D:17275 WP No. 106476 of 2025 4. Under these circumstances the Court has permitted the petitioner to file an application to summon the witnesses. On going through the said application, the Court is of the view that the application is to be allowed and witnesses named in the said application have to be summoned. Accordingly, the petition is allowed. The following witnesses shall be summoned by the Trial Court:- 1) Channa Veerappa, aged 79 years, Son of Eranna, Residing Near Daruka Estate, 8th Cross, Jogimatti Road, Chitradurga. 2) Ramesh Bhonsle, aged 80 years, No.79, Sree Anjineya HBCS Near Prathyangira Garden, Subramanyapura Post, Bengaluru-56001. 5. Writ petition is allowed. Both parties shall cooperate for early disposal. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS CT:BCK LIST NO.: 1