- 1 - NC: 2025:KHC:12914 WP No. 15572 of 2023 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. 15572 OF 2023 (GM-CPC) BETWEEN: MR. S. GOPAL SHETTIGAR S/O S M SHETTIGAR AGED ABOUT 68 YEARS R/AT D NO 2-244F, SHREERAKSHA SHIRIBEEDU, UDUPI TALUK & DISTRICT. …PETITIONER (BY SRI. AJITH A SHETTY., ADVOCATE) AND: 1. SMT. SHASHIKALA P. ACHARYA W/O LATE A PARABHAKARA ACHARYA AGED ABOUT 61 YEARS 2. SWAPNA P ACHARYA D/O LATE A PRABHAKARA ACHARYA AGED ABOUT 35 YEARS 3. PRAJNA P ACHARYA D/O LATE A PRABHAKARA ACHARYA SINCE DEAD LR’S ARE ALREADY ON RECORD. 4. SHREESHA P ACHARYA S/O LATE A PRABHAKARA ACHARYA AGED ABOUT 20 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12914 WP No. 15572 of 2023 R1 TO R4 ARE R/AT SRINIVASA BUNTS HOSTEL ROAD UDUPI-576101. 5. SRI A MADHAVA ACHARYA S/O LATE SRINIVASA ACHAYA AGED ABOUT 61 YEARS R/AT SAMPRATHI, MANCHI ROAD KUKKIKATTE, UDUPI 576101 DELETED V/O DATED:26.07.2023 …RESPONDENTS (BY SRI. VENUGOPAL M S., ADVOCATE FOR R1,R2 & R4 R5 IS DELETED V/O DATED:26.07.2023: R3 IS DEAD) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 05TH JULY 2023, PASSED BY THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE, UDUPI, IN O.S. NO. 63 OF 2007, ON IA NO. 20, 21 AND 22 IN THE SAID SUIT AS PER ANNEXURE-L 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 plaintiff under Article 227 of the Constitution of India, challenging the order dated 05.07.2023 passed on IA Nos.20, 21 and 22 in O.S.No.63/2007 by the Principal Senior Civil Judge and CJM, Udupi, whereby the applications were rejected. - 3 - NC: 2025:KHC:12914 WP No. 15572 of 2023 2. The plaintiff filed a suit for partition on the basis of the Will executed by deceased Prabhakara Acharya. On service of summons, defendants appeared through counsel and filed the written statement. On the basis of the pleadings of the parties, issues have been framed. On the basis of the issues, parties have adduced the evidence. On completion of the evidence of the parties, the plaintiff filed three applications, for recalling the evidence of PW1, re-opening the case and for production of additional documents. 3. The only ground urged for production of the documents is that the plaintiff has to prove a good relationship with the testator, he wants to produce the bank passbook and cheque books which are related to the testator – deceased Prabhakara Acharya. The trial court, after considering the applications filed by the plaintiff and after verifying the documents has held that the documents are not relevant for the purpose of proving the case on hand. - 4 - NC: 2025:KHC:12914 WP No. 15572 of 2023 4. After going through the documents produced by the plaintiff and findings of the trial court, I am of the opinion that there is no error or illegality in the order passed by the trial court. 5. The writ petition is devoid of merit. Accordingly it is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 46