- 1 - HC-KAR NC: 2026:KHC:5972 WP No. 38894 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 38894 OF 2025 (GM-CPC) BETWEEN: 1. RASHTROTTHANA PARISHAT A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, NO. 93/2, KESHAVA SHILPA, KEMPEGOWDA NAGAR, BANGALORE-560019. REP BY ITS GENERAL SECRETARY- SRI N DINESH HEGDE, AGED ABOUT 66 YEARS S/O LATE MANJUNATHA HEGDE …PETITIONER (BY SRI. B. MADHUSUDHAN ADIGA., ADVOCATE) AND: 1. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB) DEVELOPMENT BOARD [KIADB], NO. 49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU- 560001. REP. BY ITS ASSISTANT SECRETARY, [ADMINISTRATION]. …RESPONDENT (BY SRI. P.V. CHANDRASHEKAR, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5972 WP No. 38894 of 2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. SET ASIDE THE ORDER DATED 9-10-2025, PASSED BY THE VII ADDITIONAL CITY CIVIL JUDGE, CCCH 19 IN OS 5990/2015, REJECTING TO MARK MAHAZAR DATED 17-12- 2015, ORDER PRODUCED AS ANNEXURE A TO THIS WRIT PETITION B. PASS AN ORDER DIRECTING THE HON'BLE VII ADDITIONAL CITY CIVIL JUDGE, CCCH 19 TO MARK IN OS 5990/2015 AS AN EXHIBIT MAHAZAR DATED 17-12-2015, PRODUCED AS ANNEXURE R TO THIS WRIT PETITIONAN THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendant in O.S.No.5990 / 2015 on the file of the VII Additional City Civil and Sessions Judge, Bengaluru, is directed against the impugned order dated 09.10.2025 whereby the Trial Court refused to permit the petitioner / defendant to mark the alleged mahazar dated 17.12.2015 as an Exhibit during the course of examination-in-chief of DW-1. - 3 - HC-KAR NC: 2026:KHC:5972 WP No. 38894 of 2025 2. Heard the learned counsel for the petitioner and learned counsel for the respondent / KIADB and perused the material on record. 3. A perusal of the material on record will indicate that the respondent / KIADB instituted the suit against the petitioner / defendant for refund of a sum of Rs.46,50,750/- together with interest and for other reliefs. The said suit is being contested by the petitioner / defendant who has also put forth a counter claim against the respondent / plaintiff who is contesting the counter claim also. The respondent / plaintiff having adduced oral and documentary evidence, the matter was posted for evidence of the petitioner who examined the authorized representative as DW-1 and during the course of his evidence, various documents at Exhibits D-1 to D-52 were marked by the petitioner. When the petitioner intended to mark the alleged mahazar dated 17.12.2015, the Trial Court suo motu refused to permit the petitioner to mark the said document as an Exhibit in evidence of DW-1 on the ground that the same was not produced by the petitioner before this Court in W.P.No.14129/2015 and the same was not authenticated in a manner known to law. Aggrieved by the impugned order passed by - 4 - HC-KAR NC: 2026:KHC:5972 WP No. 38894 of 2025 the Trial Court, the petitioner / defendant is before this Court by way of the present petition. 4. A perusal of the impugned order will indicate that the Trial Court has refused to permit marking of the said document in evidence as an Exhibit on behalf of the petitioner on the ground that the same was not produced by the petitioner in W.P No.14129/2015 and that the same was a self-declaratory document. In this context it is pertinent to note that mere marking of the said document as an Exhibit, would not tantamount to proof or admission of the said document in evidence and failure to appreciate this by the Trial Court has resulted in an erroneous conclusion. Under these circumstances, I deem it just and proper to set aside the impugned order and permit the petitioner to mark the alleged mahazar dated 17.12.2015 as an Exhibit in the evidence of DW-1, subject to leaving open all contentions regarding admissibility, proof, relevance, probative value, authenticity etc., to be decided by the Trial Court at the time of final disposal of the suit in accordance with law and by issuing certain directions. 5. Accordingly, I proceed to pass the following: - 5 - HC-KAR NC: 2026:KHC:5972 WP No. 38894 of 2025 ORDER i) The petition is hereby allowed. ii) Impugned order is hereby set aside. iii) The Trial Court is directed to permit the petitioner to mark the alleged mahazar dated 17.12.2015 as an Exhibit in the evidence of DW-1 by leaving open all rival contentions regarding admissibility, proof, relevance, probative value, authenticity etc. to be decided by the Trial Court at the time of final disposal of the suit in accordance with law. iv) Liberty is reserved in favour of the respondent to cross-examine the petitioner in relation to all documents including the alleged mahazar. v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE KS List No.: 1 Sl No.: 11