D.A. Thejeshwari, Vs M/S. Srinivasa Trust — Company and Corporate | Karnataka HC (2026)

D.A. Thejeshwari, Vs M/S. Srinivasa Trust — Company and Corporate | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Both writ petitions disposed of (on joint submissions of counsel): the trial court orders dated 20.01.2026 (on the memo) and 09.01.2026 (on I.A. No. 19) in O.S. No. 1453/2024 are set aside; I.A. No. 19 and the memo disposed of with cross-examination permissions in favour of defendant No. 1 (DW-1), defendants 2 and 3 (DW-2), the plaintiff (DW-1 and DW-2 thereafter) and all defendants (further cross-examination of PW-1); rival contentions kept open; suit to be disposed of by the trial court on or before 30.06.2026.

Issue for consideration

Whether the impugned trial court orders dated 09.01.2026 (on I.A. No. 19) and 20.01.2026 (on the memo filed by defendant No. 1) in O.S. No. 1453/2024 should be quashed/set aside under Article 227 of the Constitution. +1 more

Court's answer

Both impugned trial court orders — dated 20.01.2026 passed on the memo and dated 09.01.2026 passed on I.A. No. 19 in O.S. No. 1453/2024 — are set aside (petitions disposed of on the joint submissions of counsel placed on record).

Ratio / Principle

I.A. No. 19 and the memo are disposed of permitting defendant No. 1 to cross-examine DW-1, and permitting defendants 2 and 3 to cross-examine DW-2.

Key takeaways

After completion of cross-examination of DW-1 by defendant No. 1 and of DW-2 by defendants 2 and 3, the plaintiff shall be entitled to cross-examine both DW-1 and DW-2.ratio¶¶58
Liberty is reserved in favour of all defendants to further cross-examine PW-1 examined on behalf of the plaintiffs.ratio¶¶59
All rival contentions between the parties are kept open and no opinion is expressed on them.obiter

Detailed headnote1 paragraphs

High Court of Karnataka (Bengaluru), 11.02.2026 — S.R. Krishna Kumar, J.: Writ petitions under Article 227 (GM-CPC) by the 1st defendant in O.S. No. 1453/2024 (I Addl. City Civil and Sessions Judge, Bengaluru), challenging the order dated 20.01.2026 passed on her memo and the order dated 09.01.2026 passed on I.A. No. 19. Disposed of on the joint submissions of learned Senior counsel for all parties: both impugned orders set aside; defendant No. 1 permitted to cross-examine DW-1; defendants 2 and 3 permitted to cross-examine DW-2; plaintiff entitled thereafter to cross-examine both DW-1 and DW-2; liberty reserved to all defendants to further cross-examine PW-1; all rival contentions kept open with no opinion expressed; all allegations/counter-allegations expunged/discarded; trial court directed to dispose of the suit on or before 30.06.2026. Consent-based disposal — no contested adjudication on merits; no precedent cited or applied.

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO. 1759 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 937 OF 2026 (GM-CPC)

IN WP No. 1759/2026

BETWEEN:

D.A. THEJESHWARI, W/O K M SRINIVASA MURTHY AGED ABOUT 56 YEARS R/AT NO. 5/25,10^TH MAIN, 13^TH CROSS, JAYANAGARA,1^ST BLOCK, BENGALURU – 560 066.

…PETITIONER

(BY SRI. M.S. SHYAM SUNDAR, SENIOR COUNSEL APPEARING FOR SMT. VANDANA.P.L, ADVOCATE)

AND:

Digitally signed by CHANDANA B M Location: High Court of Karnataka

M/S. SRINIVASA TRUST, A TRUST REGISTERED UNDER THE INDIAN, TRUST ACT, 1881, HAVING ITS PRINCIPAL OFFICE AT, 7/21, 1^ST CROSS, 9^TH MAIN, RMV EXTENSION, BENGALURU-560 080, REPRESENTED BY ITS TRUSTEE AND, AUTHORISED SIGNATORY, D. A. SRINIVAS.

KALPAJA DALAVOI, AGED ABOUT 57 YEARS, TRUSTEE OF M/S SRINIVAS TRUST, AT NO. 87, SAI KESHAV, OPPOSITE SAI GARDENS, SEEGAHALLI.

NC: 2026:KHC:8511 WP No. 1759 of 2026 C/W WP No. 937 of 2026

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EKTA KUKREJA, DIRECTOR OF ANUSHKA CONSTRUCTION PVT LTD,

D/O LATE NANDA KUMAR BASSHMOL MENDA, AGED ABOUT 49 YEARS, R/AT FLAT 21 B, KING FISHER TOWERS, KASTURBA ROAD CROSS, BANGALORE 01.

ANUSHKA CONSTRUCTION PVT LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT TOWN HALL, J.C ROAD BANGALORE-02 REP BY ITS DIRECTOR, AVINASH AMARELAL

…RESPONDENTS

(BY SRI. S. SREEVATSA, SENIOR COUNSEL APPEARING FOR SRI. ROHAN HOSMATH, ADVOCATE FOR R-2 SRI. K.G. RAGHAVAN, SENIOR COUNSEL APPEARING FOR SRI. SOURABH.R.KURUBARAHALLI, ADVOCATE FOR R-3 & R-4)

THIS W.P IS FILED UNDER ARTICLE 227 OF TEH CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 20.01.2026 PASSED ON THE MEMO FILED BY THE PETITIONER/DEFENDANT NO.1 IN O.S. NO. 1453/2024 ON THE FILE OF THE HON'BLE I ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (ANNEXURE-A).

IN WP NO. 937/2026

BETWEEN:

D A THEJESHWARI, W/O KM SRINIVASA MURTHY AGED ABOUT 56 YEARS. R/AT NO. 5/25,10^TH MAIN, 13^TH CROSS, JAYANAGARA 1^ST BLOCK, BENGALURU - 560 066.

...PETITIONER

(BY SRI. M.S. SHYAM SUNDAR, SENIOR COUNSEL APPEARING FOR SMT. VANDANA.P.L, ADVOCATE)

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AND:

M/S SRINIVASA TRUST, A TRUST REGISTERED UNDER THE INDIAN, TRUST ACT, 1881, HAVING ITS PRINCIPAL OFFICE AT, 7/21, 1^ST CROSS, 9^TH MAIN, RMV EXTENSION,

BENGALURU-560 080, REPRESENTED BY ITS TRUSTEE AND AUTHORISED SIGNATORY, D. A. SRINIVAS.

KALPAJA DALAVOI AGED ABOUT 57 YEARS, TRUSTEE OF M/S SRINIVAS TRUST, AT NO. 87, SAI KESHAV, OPPOSITE SAI GARDENS, SEEGAHALLI.

EKTA KUKREJA, DIRECTOR OF ANUSHKA CONSTRUCTION PVT LTD, D/O LATE NANDA KUMAR BASSHMOL MENDA, AGED ABOUT 49 YEARS, R/AT FLAT 21 B, KING FISHER TOWERS, KASTURBA ROAD CROSS, BANGALORE- 01.

ANUSHKA CONSTRUCTION PVT LTD A COMPANY INCORPORATED UNDER

THE COMPANIES ACT1956 HAVING ITS REGISTERED OFFICE AT TOWN HALL, J.C ROAD BENGALORE-02 REP BY ITS DIRECTOR- AVINASH AMARELAL.

...RESPONDENTS

(BY SRI. S. SREEVATSA, SENIOR COUNSEL APPEARING FOR SRI. ROHAN HOSMATH, ADVOCATE FOR R-2 SRI. K.G. RAGHAVAN, SENIOR COUNSEL APPEARING FOR SRI. SOURABH.R.KURUBARAHALLI, ADVOCATE FOR R-3 & R-4)

THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 09.01.2026 PASSED ON IA NO. 19 IN OS NO. 1453/2024 BY THE I ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (ANNX-A) AND CONSEQUENTLY ALLOW IA NO.19.GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS IN OS NO. 1453/2024 PENDING ON THE FILE OF THE I ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.C

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THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

Both these petitions arise out of O.S.No.1453//2024 pending before the trial court and the petitioner in both the petitions is the 1^st defendant in the suit which was instituted by respondents 1 and 2 against the petitioner – 1^st defendant and respondents 3 and 4 – defendants 2 and 3.

Learned Senior counsel for the petitioner, learned Senior counsel for respondents 1 and 2 and learned Senior counsel for respondents 3 and 4 jointly submit that both the petitions may be disposed of permitting the 1^st defendant to cross-examine DW-1 examined on behalf of defendants 2 and 3 and also permit defendants 2 and 3 to cross-examine DW-2 examined by 1^st defendant and also permit the plaintiffs to cross-examine both DW1 and DW-2 in accordance with law and liberty may be reserved in favour of defendants 2 and 3 to further cross-examine the plaintiff (PW-1) also and the present petition may be disposed of by issuing

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appropriate directions. The said joint submissions are placed on record.

In the result, I pass the following:-

ORDER

(i) Petitions are hereby disposed of.

(ii) The impugned order dated 20.01.2026 passed on the memo and the impugned order dated 09.01.2026 passed on I.A.No.19 in O.S.No.1453/2206 by the trial court are hereby set aside.

(iii) The instant application I.A.No.19 and the memo are disposed of permitting the defendant No.1 to cross-examine DW-1 examined on behalf of defendants 2 and 3; so also, defendants 2 and 3 are permitted to cross-examine DW-2.

(iv) After completion of cross-examination of DW-1 by defendant No.1 and DW-2 by defendants 2 and 3, the plaintiff shall be entitled to cross-examine both DW-1 and DW-2.

(v) Liberty is also reserved in favour of all defendants to further cross-examine PW-1 examined on behalf of the plaintiffs.

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(vi) All rival contentions between the parties are kept open

and no opinion is expressed on the same.

(vii) All allegations / counter allegations, if any, made by any

of the parties against each other and / or any of the learned

counsel shall stand expunged/discarded.

(ix) The trial court is directed to dispose of the suit on or

before 30.06.2026.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE

SRL

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