- 1 - NC: 2025:KHC:1794 WP No. 52151 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 52151 OF 2019 (GM-CPC) BETWEEN: SMT. NALINI K, W/O R. VITTALAMURTHY, AGED ABOUT 59 YEARS, R/AT NO.U-3, 15TH CROSS ROAD, MARUTHI LAYOUT, PALACE GUTTAHALLI, BANGALORE - 560 003, REPRESENTED BY HER GPA HOLDER R. VITTALA MURTHY, S/O LATE RANGA SWAMY, AGED 65 YEARS, R/AT U-3, 15TH CROSS ROAD, MARUTHI LAYOUT, PALACE GUTTAHALLI, BANGALORE - 560 003. …PETITIONER (BY SRI. MAHABALESHWARA RAO K.N, ADVOCATE) AND: SRI. MUNIRAJU, S/O LATE HEMANNA, AGED ABOUT 34 YEARS, R/AT NO.85, NANJUNDAPPA COMPOUND, GEDDALAHALLI, BANGALORE - 560 020. …RESPONDENT (BY SRI. SIDDHARTH SUMAN, ADVOCATE) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 10.10.2019 (ANNEXURE-D) IN O.S.NO.5800/2013 REJECTING THE IA NO.VII FILED UNDER ORDER 16 RULE 1 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1794 WP No. 52151 of 2019 R/W SEC.151 OF CODE OF CIVIL PROCEDURE ON THE FILE OF V ADDL CITY CIVIL JUDGE BANGALORE (CCH 13) AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 16 RULE 1 R/W SEC.151 OF CODE OF CIVIL PROCEDURE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed in I.A.No.VII in O.S.No.5800/2013 dated 10.10.2019 by the V Addl. City Civil & Sessions Judge, Bengaluru, the plaintiff is before this Court. 2. The plaintiff has filed the suit for permanent injunction. The Power of Attorney holder of the plaintiff has filed I.A.No.VII under Order XVI Rule 1 read with Section 151 of CPC seeking permission to produce list of witnesses viz., Sri. Vittal Murthy S/o. Late V. Rangaswamy and Sri B. Panduranga S/o. Late V. Rangaswamy stating that during the course of the trial the plaintiff could not produce the list on the earlier date of hearing. The same was opposed by the - 3 - NC: 2025:KHC:1794 WP No. 52151 of 2019 defendant. According to them, only to delay the proceedings, the present application is filed and also for what purpose they want to examine is also not stated. The Court had dismissed the application observing that the name of witness No.1 shown in the list annexed to I.A., is none other than the husband and GPA holder of the plaintiff, as such, he cannot be permitted to prosecute the case on behalf of the plaintiff as GPA Holder as well as a witness at the same time. When it comes to the other witness No.2 who is none other than the brother of GPA holder has not been stated in the accompany affidavit. As such, even on that count also, the application cannot be allowed. Accordingly, I.A.No.VII is dismissed. 3. When this matter came up for hearing, learned counsel submits that the first witness who is a GPA holder, he can represent as GPA holder on behalf of the plaintiff but he cannot be cited as a independent witness and as far as second witness is concerned, he is no more. In view of the same, this Court finds no reason to interfere with the order passed by the trial Court. Accordingly, this Court is passing the following: - 4 - NC: 2025:KHC:1794 WP No. 52151 of 2019 ORDER 1. The Writ Petition is dismissed. 2. All I.As., in this Writ Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 51 CT: BHK