- 1 - HC-KAR NC: 2025:KHC:29234 WP No. 20494 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO.20494 OF 2025 (GM-CPC) BETWEEN: SRI S K SRINIVASA S/O KEMPAIAH, AGED ABOUT 52 YEARS, RESIDING AT NO.1338, 4TH MAIN 2ND STAGE, VIJAYANAGARA MYSORE-570030 …PETITIONER (BY SRI Y K NARAYANA SHARMA, ADVOCATE) AND: 1. SRI KUMARASWAMY S/O G.S.NANJUNDEGOWDA, AGED ABOUT 59 YEARS, R/AT DOOR NO.508, 11TH CROSS, 4TH MAIN ROAD, 3RD STAGE, GOKULAM, MYSORE-570002 2. SRI. H.V.LAKSHMANA S/O H.Y. VEERABHDARAIAH AGED ABOUT 59 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29234 WP No. 20494 of 2025 PRESENTLY RESIDING AT MARIGUDI BEEDI, HOOTAGALLY VILLAGE MYSORE-570018 3. SRI HONNAPPA, AGED ABOUT 51 YEARS S/O SRI SANNEGOWDA MEMBER OF HINAKAL GRAMA PANCHAYATH HOSA BHEEDI, HINAKAL MYSORE-570017 4. SRI MAHADVU, AGED ABOUT 66 YEARS S/O SRI SANNEGOWDA DOOR NO.338, HINAKAL, MYSORE-570017 5. SRI PRAKASH, AGED ABOUT 63 YEARS S/O SRI CHINMAYIGOWDA HOSA BHEEDI, HINAKAL, MYSORE-570017 6. SRI SATHYAPPA, AGED 60 YEARS, S/O SRI CHINMAYIGOWDA, HOSA BHEEDI, HINAKAL, MYSORE-570017. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:29234 WP No. 20494 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 02.04.2025 PASSED ON OBJECTION FILED BY THE PETITIONER TO THE AFFIDAVIT EVIDENCE OF THE DW10 IN O.S. NO.502/2008 PENDING IN THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MYSURU AS PER ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER Heard the learned counsel appearing for the plaintiff/petitioner. 2. The challenge by the plaintiff/petitioner is to an order dated 02.04.2025 passed on the objection filed by the petitioner to the affidavit evidence of the DW10 in O.S.No.502/2008 pending in the Court of III Additional Senior Civil Judge and JMFC at Mysuru. - 4 - HC-KAR NC: 2025:KHC:29234 WP No. 20494 of 2025 3. The contention of the learned counsel for the plaintiff/petitioner is that earlier after institution of the suit, a joint written statement was filed by the first and second defendants. Both of them, at a later date, moved an application for amendment of the written statement which application was rejected and in the order of rejection of the amendment application, even this Court declined to interfere. It is stated that thereafter the second defendant who appeared as DW10, in his examination-in-chief affidavit, has testified in respect of the averments raised by the first and second defendants in their amendment application which already stood rejected. Against the aforesaid examination-in-chief affidavit, the defendants filed objections which objections have been rejected by the impugned order. 4. I have perused the order of the Trial Court under challenge and I find that the objections of the plaintiff/petitioner have been rightly rejected. The Trial Court has noted that it is not open to the party to move - 5 - HC-KAR NC: 2025:KHC:29234 WP No. 20494 of 2025 objections to the testimony of a witness. It has noted that the testimony of witnesses are to be considered at the appropriate stage during hearing. Sufficient reasons are also been recorded by the Trial Court while passing the order impugned. 5. The law is that evidence has only to be read in support of the pleadings. If it is the case of the plaintiff/petitioner that there are no pleadings in respect of the evidence submitted by the defendants by way of their examination-in-chief affidavit, the legitimate consequences will flow. However, that itself would not entitle the plaintiff/petitioner to maintain any objection to the examination-in-chief affidavit. There is no cause for interference in the order impugned. This petition is therefore, dismissed. Sd/- (JAYANT BANERJI) JUDGE SN