- 1 - HC-KAR CNR: KAHC010631142026 NC: 2026:KHC:52451 WP No. 28957 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28957 OF 2026 (GM-CPC) BETWEEN: 1. M/S. UDUPI DELUXE REPRESENTED BY ITS PROPRIETOR SRI M.A. DARSHAN SON OF SRI M.C. ASHWATH AGED ABOUT 36 YEARS R/AT NO.100, 2ND FLOOR, D.C. COMPLEX, 80 FT ROAD, KPA BLOCK, CHANDRA LAYOUT, BENGALURU - 560 040 …PETITIONER (BY SRI OJASWI, ADVOCATE) AND: 1. SRI K. GURUMURTHY SON OF SRI B. KRISHNAPPA AGED ABOUT 54 YEARS R/AT NO.740, 1ST MAIN, 11TH CROSS, VINAYAKANAGAR, ANNASANDRAPALYA EXTENSION, BENGALURU - 560 017 …RESPONDENT (BY SRI P.M. VENKATARAMANA, ADVOCATE) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010631142026 NC: 2026:KHC:52451 WP No. 28957 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 25-AUG-2026 PASSED BY THE LEARNED LXXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-85), ON I.A. NO. 2 IN COM. O.S. NO.1504 OF 2024, MARKED AT ANNEXURE-F, AND CONSEQUENTLY ALLOW I.A. NO.2 BY STRIKING OFF THE AFFIDAVIT OF EXAMINATION-IN-CHIEF OF PW-1 DATED 10- OCT-2025, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER The present petition is filed impugning the order dated 25.08.2026 passed in Com.O.S.No.1504/2024, whereby the application filed by the defendant under Order XIX Rules 4, 5 and 6 read with Order VI Rule 15A of the Code of Civil Procedure, 1908, has been rejected. 2. The petitioner filed an application under Order XIX Rules 4, 5 and 6 read with Order VI Rule 15A of the Code - 3 - HC-KAR CNR: KAHC010631142026 NC: 2026:KHC:52451 WP No. 28957 of 2026 of Civil Procedure, 1908, seeking rejection and striking off of the affidavit of examination-in-chief filed by P.W.1 on 10.10.2025. 3. Learned counsel appearing for the petitioner submits that the issue is no longer res integra. Placing reliance on the judgment of this Court in W.P.No.22708/2022, disposed of on 12.12.2022, learned counsel submits that where the affidavit of examination-in-chief merely reiterates or replicates the averments made in the plaint, the same is liable to be rejected. 4. The respondent has entered a caveat. To enable the learned counsel appearing for the caveator/respondent to appear and make submissions, the matter was passed over during the morning session. However, when the matter was recalled during the post-lunch session, there was no representation on behalf of the caveator/respondent. As the issue involved in the present petition is covered by the decision of the Co-ordinate - 4 - HC-KAR CNR: KAHC010631142026 NC: 2026:KHC:52451 WP No. 28957 of 2026 Bench of this Court referred to supra, this Court proceeded to consider the submissions made by the learned counsel for the petitioner. 5. In the impugned order, the trial Court has categorically recorded that the affidavit filed by P.W.1 is nothing but a replica of the plaint. However, the application has been rejected on the ground that the affidavit contains certain additional averments denying the contents of the written statement. The nature and contents of the affidavit filed by P.W.1 are not in conformity with the law laid down by the Co-ordinate Bench of this Court in the judgment referred to supra. Accordingly, the impugned order passed by the trial Court cannot be sustained. 6. Accordingly, the following: ORDER I. The order dated 25.08.2026 passed in Com.O.S.No.1504/2024 is hereby set aside. - 5 - HC-KAR CNR: KAHC010631142026 NC: 2026:KHC:52451 WP No. 28957 of 2026 II. Consequently, I.A.No.2 filed by the defendant under Order XIX Rules 4, 5 and 6 read with Order VI Rule 15A of the Code of Civil Procedure, 1908, is hereby allowed, and the affidavit of examination-in-chief dated 10.10.2025 is rejected. However, liberty is reserved to P.W.1 to file a fresh affidavit of examination-in-chief. III. With the above observations, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE VP List No.: 1 Sl No.: 25