- 1 - NC: 2025:KHC:892 WP No. 27222 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27222 OF 2024 (GM-CPC) BETWEEN: SMT ESHWARI @ESHWARI DEVI D/O LATE K.VENKATANARAYANA SHETTY W/O P.S.SUBRAMANYAM AGED ABOUT 53 YEARS R/AT NO.19/14, BEHIND PRASANNA TALKIES 7TH CROSS, MANJUNATHA NAGAR MAGADI ROAD, BENGALURU-560 023. …PETITIONER (BY SRI. N SAVANUR.,ADVOCATE) AND: 1. SRI K V BABAPRASAD S/O LATE K.VENKATANARAYANA SHETTY AGED ABOUT 70 YEARS R/AT NO.18, 4TH C CROSS, 9TH MAIN AVALAHALLI, BENGALURU - 560 026. 2. SMT. KUMARI NAGAMANI D/O LATE K. VENKATANARAYANA SHETTY AGED ABOUT 64 YEARS R/AT NO.566, 3RD FLOOR 10TH C MAIN, 6TH BLOCK RAJAJINAGAR, BENGALURU - 560 010. 3. SMT.HEMAVATHI, D/O LATE K. VENKATANARAYANA SHETTY AGED ABOUT 57 YEARS, R/AT SHAMPURA ARABIC COLLEGE POST, BENGALURU-560 045. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:892 WP No. 27222 of 2024 4. SRI. NAGASAIKUMAR S/O LATE K. VENKATANARAYANA SHETTY AGED ABOUT 68 YEARS R/AT NO.19/14, BEHIND PRASANNA TALKIES 7TH CROSS, MANJUNATHA NAGAR MAGADI ROAD, BENGALURU-560 023. 5. SMT. PARVATHI D/O LATE K. VENKATANARAYANA SHETTY AGED ABOUT 59 YEARS R/AT NEAR VASAVI TEMPLE DODDAPETE, KOLAR. 6. SMT.K.LEELAVATHI, D/O LATE K.VENKATANARAYANA SHETTY AGED ABOUT 42 YEARS R/AT NO.26/4, 12TH CROSS SHIVANAGARA, RAJAJINAGAR BENGALURU - 560 010. 7. SMT.K.SARSWATHI, D/O LATE K. VENKATANARAYANA SHETTY AGED ABOUT 39 YEARS R/AT 392, 15TH CROSS POORNAPRAGNYA LAYOUT 12TH MAIN, ULLALU MAIN ROAD BENGALURU-560 061. …RESPONDENTS (NOTICE TO R1 IS HELD SUFFICIENT V/O DATED: 10.01.2025 NOTICE TO R2 TO R4 & R6 ARE SERVED AND UNREPRESNTED NOTICE TO R5 & R7 ARE DISPENSED WITH V/O DATED: 10.12.2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER, DATED: 12.08.2024 PASSED ON I.A.NO.IV FILED UNDER ORDER VIII RULE 1 R/W SECTION 151 OF CPC IN O.S.NO. 4657/2016 PENDING ON THE FILE OF XXXI ADDL. CITY CIVIL JUDGE, BENGALURU CCH NO. 14 VIDE ANNEXURE- A AND ETC. - 3 - NC: 2025:KHC:892 WP No. 27222 of 2024 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 defendant No.3 under Article 227 of the Constitution of India, challenging the order dated 12.08.2024 passed by XXXI Additional City Civil and Sessions Judge, Bengaluru on IA No.4, whereby the application filed under Order VIII 8 Rule 1 of CPC was rejected. 2. The plaintiff filed a suit for partition and separate possession. After service of notice defendant No.3 has taken a contention that Sri K.Venkatanarayana Shetty has executed a Will in favour of his wife Smt.Kamalamma for her future maintenance on 15.01.1991 and the defendant wants to produce the said Will. Therefore, IA No.4 has been filed. 3. On perusal of the written statement filed by defendant No.3, it is clear that K.Venkatanarayana Shetty - 4 - NC: 2025:KHC:892 WP No. 27222 of 2024 has executed a Will in favour of Kamalamma. The trial court has erred in dismissing the application without noticing the plea taken in the written statement. Under the circumstances, the writ petition requires to be allowed. 4. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 12.08.2024 passed by XXXI Additional City Civil and Sessions Judge, Bengaluru on IA No.4 in O.S.No.4657/2016 is set aside. (iii) IA No.4 is allowed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 18