- 1 - NC: 2025:KHC:13603 WP No. 8156 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8156 OF 2025 (GM-CPC) BETWEEN: SRI B M SHYAMASUNDAR S/O LATE BAIRAYYA, AGED ABOUT 65 YEARS, R/AT QUARTER NO.1, HEMAVATHI BLOCK, NEAR MUNESHAWARA MAHAGANAPATHI TEMPLE, PANDESHAWARA, MANGALURU -575001 …PETITIONER (BY SRI. JEEVAN K., ADVOCATE) AND: 1. SMT CHANDRAVATHI W/O LATE VASUDEVA, AGED ABOUT 88 YEARS, 2. SMT SHANKARI B.P. KUMAR AGED ABOUT 70 YEARS, W/O LATE B.P. KUMAR, BOTH ARE R/AT 'PRAGATHI', MADOORU, KOTEKAR VILLAGE, MANGALURU TALUK-575022 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASHING THE COMMON ORDER DATED 05-02-2025 PASSED ON I.A.NO.XXXII TO XXXIV IN O.S.NO.72/2017 BY THE LEARNED 1ST ADDITIONAL SENIOR CIVIL JUDGE AND CJM MANGALURU PRODUCED AT ANNEXURE-A THEREBY TO ALLOW I.A.NO.XXXII Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:13603 WP No. 8156 of 2025 TO XXXIV FILED BY THE PETITIONER FOR RECALLING, RE- OPENING THE EVIDENCE OF PETITIONER/DEFENDANT NO.2 AND TO GRANT PERMISSION TO PRODUCE THE DOCUMENT SOUGHT TO BE PRODUCED BY THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.2 challenging the order dated 05.02.2025 passed by the I Addl. Senior Civil Judge and CJM, Mangaluru, on I.A.Nos.XXXII to XXXIV filed under Section 151 of CPC to reopen the case, Order XVIII Rule 17 of CPC to recall DW- 1 and Order VIII Rule 1A and Section 151 of CPC for production of documents, in O.S.No.72/2017, whereby the Trial Court has dismissed the said applications. 2. The plaintiff filed the suit for partition. On service of suit summons, the defendants appeared and filed written statement and he has set up his case on the basis of the Will dated 08.07.2014. Since the Will has been disputed by the plaintiff, the defendant No.2 has filed the application - 3 - NC: 2025:KHC:13603 WP No. 8156 of 2025 to refer the Will to Scientific Examination regarding the genuineness of the signature. On the basis of the order, report has been obtained from Smt.Supriya Devanoor, Senior Scientific Officer, RFSL, Mangaluru. 3. The specific case of the defendant No.2 is that the report submitted by Smt.Supriya Devanoor, Senior Scientific Officer, is prepared by the other expert i.e., Smt.Kumudarani. When the defendant wanted to confront the documents to Smt.Supriya Devanoor, the same has been refused by the Trial Court. Hence, the defendant No.2 has filed the present applications to recall and reopen DW-1. 4. Since the request of defendant No.2 for confronting the documents to Smt.Supriya Devannor, Senior Scientific Officer RFSL, Mangaluru, regarding the FSL report, has been rejected by the Trial Court, filing the present applications for recalling the witness to examine the Will, does not serve any purpose. Only in order to protract the - 4 - NC: 2025:KHC:13603 WP No. 8156 of 2025 matter, the defendant No.2 has filed the present applications. Considering all these aspects of the matter, the Trial Court has rightly rejected the applications. 5. Viewed from any angle, there is no error or illegality in the impugned order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 43