- 1 - NC: 2025:KHC:5761 WP No. 3516 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3516 OF 2025 (GM-CPC) BETWEEN: SRI.G.K. JAGADEESH S/O LATE KRISHNAMURTHY AGED ABOUT 70 YEARS OCC: ADVOCATE R/ AT NO.42, 7TH CROSS VASANTHANAGARA BENGALURU - 560 001. …PETITIONER (BY SRI. UMESH M N.,ADVOCATE) AND: 1. SMT. G K RENUKA W/O M. SRINIVAS AGED ABOUT 60 YEARS OCC: HOUSE WIFE RESIDING AT NO.55, 10TH MAIN VASANTHANAGARA BENGALURU - 560 001. 2. SRI. G.K. JAIRAM S/O LATE KRISHNAMURTHY AGED ABOUT 64 YEARS OCC: BUSINESS, R/AT NO. 1222 12TH MAIN ROAD, 2ND STAGE WOC ROAD, MAHALAKSHMIPURAM BENGALURU-560 001. …RESPONDENTS (BY SRI. P VENKATARAMANA.,ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING FOR QUASHING THE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5761 WP No. 3516 of 2025 ORDER DATED 01.02.2025 PASSED BY THE HONORABLE COURT OF THE XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL, BENGALURU CITY (CCH-20) IN OS NO. 25739/2018 AT ANNEXURE-K REJECTING THE INTERLOCUTORY APPLICATION NO. 17 TO 19 FILED BY THE PETITIONER FOR RE-OPENING THE CASE OF THE DEFENDANT NO. 1 AND PERMITTING HIM TO LEAD HIS FURTHER EVIDENCE BY ADDUCING ADDITIONAL DOCUMENTS IN SUPPORT OF HIS CASE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.1 challenging the order dated 01.02.2025 passed by the XXVI Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, on I.A.No.17 filed under Section 151 of CPC seeking to reopen the case, I.A.No.18 filed under Order XVIII Rule 17 read with Section 151 of CPC seeking to recall DW1 and I.A.No.19 filed under Order VIII Rule 1(A) read with Section 151 of CPC seeking permission to produce documents, in O.S.No.25739/2018, whereby the Trial Court has dismissed the said applications. - 3 - NC: 2025:KHC:5761 WP No. 3516 of 2025 2. The plaintiff filed the suit for declaration and partition. On service of suit summons, the defendants appeared and filed written statement. On the basis of the pleadings of the parties, the Trial Court has framed issues and the parties have adduced evidence. When the matter came to be posted for arguments, at that stage, the defendant No.1 has filed I.A.Nos.17 to 19. The Trial Court, by impugned order dated 01.02.2025 has dismissed the said applications. Being aggrieved, the present petition is filed. 3. Heard the learned counsel for the parties. Perused the writ papers. 4. The plaintiff filed the suit for declaration and partition. The documents, which are sought to be produced by the defendant No.1 were already available with the defendant at the time of filing the suit and they have not produced at the earlier stage itself. There is delay in producing the said documents. But the said - 4 - NC: 2025:KHC:5761 WP No. 3516 of 2025 documents are relevant for the defendant to defend his case. 5. Under the circumstances and in the interest of justice, this Court is of the opinion that the impugned order is liable to be set aside. However, the delay or inaction on the part of the defendant No.1 could be met by imposing cost and by imposing stringent conditions. 6. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 01.02.2025 passed by the XXVI Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, on I.A.Nos.17 to 19 in O.S.No.25739/2018, is set aside c) I.A.Nos.17 to 19 filed by the defendant No.1 are allowed subject to payment of cost of Rs.25,000/- payable to the plaintiff on or before - 5 - NC: 2025:KHC:5761 WP No. 3516 of 2025 the next date of hearing before the Trial Court. Payment of cost is a condition precedent. d) It is made clear that the defendant No.1 has to adduce evidence by the next date of hearing fixed by the Trial Court and shall proceed with the matter without seeking any further adjournments. e) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible, not later than four months from the date of receipt of copy of this order. f) Parties shall co-operate for early disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 6