- 1 - NC: 2025:KHC:12917 WP No. 16003 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16003 OF 2024 (GM-CPC) BETWEEN: 1. C. D. DEVAIAH DEAD BY HIS LR’S SMT GOWRAMMA SELF STYLED W/O C D DEVAIAH AGED ABOUT 64 YEARS 2. SRI SOMASHEKARA SELF STYLED S/O C D DEVAIAH AGED ABOUT 42 YEARS BOTH ARE R/AT CHIKKAMANDYA VILLAGE KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT-571401. …PETITIONERS (BY SRI. RAJA L., ADVOCATE) AND: SRI D MANJU S/O DEVAIAH AGED ABOUT 54 YEARS R/AT DOOR NO 77, 2ND CROSS PARIMALANAGARA STUDIO MAIN ROAD BENGALURU-560096. …RESPONDENT (BY SRI. S V BHAT., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12917 WP No. 16003 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED RA NO.2/2022 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, AT MANDYA DATED: 23.04.2024, VIDE ANNEXURE-E 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 This writ petition is filed by the respondents before the I Appellate Court, under Article 227 of the Constitution of India, challenging the order dated 23.04.2024 passed in R.A.No.2/2022 by the Principal Senior Civil Judge and CJM, Mandya, whereby the regular appeal was allowed. 2. The plaintiff filed a suit for partition and separate possession. The suit came to be dismissed. Being aggrieved by the same, the respondent herein/plaintiff filed regular appeal in R.A.No.2/2022 before the Principal Senior Civil Judge and CJM, Mandya. During the pendency of the appeal, the appellant filed IA No.1 under Order 41 Rule 27 of CPC . That application came to be allowed. Being aggrieved by the same, the petitioners herein are before this Court. 3. The I Appellate Court, after hearing the parties, after the appellant satisfied the conditions under Order 41 Rule 27 of - 3 - NC: 2025:KHC:12917 WP No. 16003 of 2024 CPC has allowed the application permitting the appellant to lead evidence by producing the certified copy of the plaint in O.S.No.362/2003, after framing the additional issues. Since the documents produced are relevant to the case in dispute, the plaintiff has to establish that he is the son of the first defendant – C.D.Devaiah. Therefore, the I Appellate Court rightly allowed the application. Pursuant to that order, the parties have adduced their evidence. There is no error or illegality in the order passed by the I Appellate Court. 4. The writ petition is devoid of merit. Accordingly, it is dismissed. The I Appellate Court is directed to dispose of the appeal as expeditiously as possible. In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 43