- 1 - NC: 2025:KHC:12319 WP No. 8696 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8696 OF 2025 (GM-CPC) BETWEEN: 1. SMT SUNANDA K S W/O LATE K.S.UDAYASHANKAR AGED ABOUT 76 YEARS R/AT, NO. 48 AND 49 4TH MAIN ROAD, CHAMARAJPET BANGALORE- 560018. 2. DR. SEEMA.K.S., D/O LATE. K.S. UDAYASHANKAR AGED ABOUT 48 YEARS R/AT, NO. 56, 4TH MAIN ROAD CHAMARAJPET, BANGALORE- 560018. 3. SRI.SUPREETH .K.S., S/O LATE. K.S UDAYASHANKAR AGED ABOUT 36 YEARS R/AT, NO. 48 AND 49 4TH MAIN ROAD, CHAMARAJPET BANGALORE- 560018. …PETITIONERS (BY SRI. SHARATH S GOWDA., ADVOCATE) AND: 1. SHRI K S JAYACHANDRA S/O LATE. K.C.SADASHIVAIAH AGED ABOUT 77 YEARS R/AT NO. 49, 4TH MAIN ROAD CHAMARAJPET, BANGALORE- 560018. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12319 WP No. 8696 of 2025 2. SRI. K.S.SUKUMAR S/O LATE. K.C.SADASHIVAIAH AGED ABOUT 73 YEARS AT PRESENT R/AT M/S SUKUMAR ENTERPRISES 100, 'E' ALLENDALE AVE ALLENDALE, NJ 07401-2017. 3. SRI.K.S.SHIVANANDA S/O LATE. K.C.SADASHIVAIAH AGED ABOUT 65 YEARS R/AT NO. 91, 6TH MAIN ROAD 4TH BLOCK, 3RD STAGE BASAVESHWARA NAGAR BANGALORE- 560079. 4. SMT. M.N. PRAMILA D/O LATE. K.C.SADASHIVAIAH AGED ABOUT 83 YEARS R/AT. NO. 844-A, 100 FEET ROAD INDIRANAGAR, BANGALORE-560 038. 5. SMT.NAVARATHNA D/O LATE. K.C.SADASHIVAIAH SINCE DEAD REP BY HER LRS SRI. MANJU S/O LATE MAHABALAPPA H/O SMT. NAVARATHNA AGED ABOUT 80 YEARS R/AT NO. VILLA 106 SOBHA EMERALD, PHASE-2 BEHIND JAKKUR FLYING CLUB JAKKUR, BENGALURU-560 064. 6. MRS.SIRI D/O MANJU D/O LATE SMT. NAVARATHNA AGED ABOUT 40 YEARS - 3 - NC: 2025:KHC:12319 WP No. 8696 of 2025 R/AT NO. VILLA 106 SOBHA EMERALD, PHASE-2 BEHIND JAKKUR FLYING CLUB JAKKUR, BENGALURU-56 064. 7. DR. SARVAMANGALA D/O LATE. K.C.SADASHIVAIAH AGED ABOUT 71 YEARS R/ AT NO. 284, 17TH CROSS 7TH MAIN, UPPER PALACE ORCHARD BANGALORE- 560078. …RESPONDENTS (BY SRI.G PAPI REDDY., SENIOR COUNSEL FOR SRI. N. GURUVA REDDY, ADVOCATE FOR R1 TO R3: SMT. M N PRAMILA, PARTY IN PERSON R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 17.03.2025 PASSED IN O.S.NO. 26021/2010 BY THE COURT OF LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE MAYO HALL BANGALORE (CCH-58) VIDE ANNEXURE-A 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 This writ petition is filed by defendant Nos. 1 to 3 under Article 227 of the Constitution of India, challenging the order dated 17.03.2025 passed on IA Nos. 1 to 3 in O.S.No.26021/2010 by the LVII Additional City Civil and - 4 - NC: 2025:KHC:12319 WP No. 8696 of 2025 Sessions Judge, Mayo Hall Unit, Bengaluru, whereby IA Nos.1 to 3 filed by the petitioners were rejected. 2. The plaintiff filed a suit for partition. After service of summons, defendants appeared through counsel and filed the written statement. The parties have adduced their evidence. When the matter was posted for arguments, the petitioners herein filed IA Nos. 1 to 3 under Section 151 of CPC, Order 18 Rule 17 of CPC and Order 8 Rule 1(a) of CPC for recalling DW1 for chief examination, for re-opening the stage and for production of additional documents. The same came to be rejected. Being aggrieved by the same, the petitioners are before this Court. 3. Be that as it may. Now, the matter is posted before the trial court today. The learned counsel for the petitioner submits that DW1 is present before the trial court. If this court permits, he will examine him and mark additional documents which have been filed along with the application, today itself and he will complete the same. - 5 - NC: 2025:KHC:12319 WP No. 8696 of 2025 4. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 17.03.2025 passed on IA Nos. 1 to 3 of 2025 in O.S.No.26021/2010 by the LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru is set aside. (iii) IA Nos. 1 to 3 filed by defendant Nos. 1 to 3 under Section 151 of CPC, Order 18 Rule 17 of CPC and Order 8 Rule 1(a) of CPC Section 151 of CPC are allowed. (iv) The petitioners/defendant Nos.1 to 3 are directed to examine DW1, today itself. (v) The respondents herein are directed to complete the cross-examination on the next date to be fixed by the trial court. - 6 - NC: 2025:KHC:12319 WP No. 8696 of 2025 (vi) DW1 is to be present before the trial court on the next date to be fixed by the trial court. On that day, without taking any further adjournment, the cross-examination shall be completed. (vii) The above exercise is subject to the petitioners/defendant Nos. 1 to 3, paying a cost of Rs.25,000/- to the plaintiffs, within one week from today. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 2