- 1 - NC: 2025:KHC:9237 WP No. 31091 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 31091 OF 2024 (GM-CPC) BETWEEN: SRI G NAGARAJ S/O LATE M GANGAPPA AGED ABOUT 53 YEARS R/O HONNU, KUVEMPU ROAD RAGHAVENDRA NAGARA TUMAKURU-572102. …PETITIONER (BY SRI. RAMESH K R., ADVOCATE) AND: 1. SMT GEETHASHREE W/O HANUMANTH RAJ S N D/O LATE M SUJITH KUMAR AGED ABOUT 45 YEARS R/AT SHETTIHALLI VIA S S PURAM, TUMAKURU-572103. 2. SMT. SUMANGALA W/O LATE JAYADEV AGED MAJOR 3. SMT JAYANTHI W/O SHASHIKUMAR AND D/O LATE JAYADEV Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9237 WP No. 31091 of 2024 AGED MAJOR R2 & R3 ARE R/O GANDHINAGARA OPP GOVERNMENT HOSPITAL TUMAKURU-572101. 4. SMT. PUSHPA W/O LATE VISHWESHWARAIAH AGED MAJOR R/AT GANDHINAGAR OPP GOVERNMENT HOSPITAL TUMAKURU-572101. 5. SRI VIJAYAKUMAR HULIKAL H/O LATE SMT SHEELA AGED MAJOR 6. SRI KARTHIK HULIKAL S/O LATE SMT SHEELA AGED MAJOR R5 & R6 ARE R/AT NO.57 2ND CROSS, G K W LAYOUT VIJAYANAGAR, BENGALURU-560040. 7. SMT. VEENA D/O LATE VISHWESHWARAIAH AGED MAJOR R/O RAMOHALLI NEAR DODDA ALADAMARA TAVAREKRE POST BENGALURU SOUTH BENGALURU. 8. SMT. BRAMARAMBA S W/O LATE JAGADISH @ SUJITH KUMAR M - 3 - NC: 2025:KHC:9237 WP No. 31091 of 2024 AGED MAJOR 9. SRI KARTHIK KUMAR S/O LATE JAGADISH @ SUJITH KUMAR M AGED ABOUT 36 YEARS 10. SRI G M NAVEEN KUMAR S/O M GANGAPPA AGED ABOUT 57 YEARS 11. SMT. RAJAMMA W/O LATE M GANGAPPA AGED ABOUT 84 YEARS 12. SMT G S SHAMBHAVI W/O SHYLESH D/O LATE M GANGAPPA AGED ABOUT 51 YEARS R8 TO R12 ARE R/AT GANDHINAGAR OPP GOVERNMENT HOSPITAL B H ROAD, TUMAKURU-572101. …RESPONDENTS (BY SRI. PAVAN KUMAR G., ADVOCATE FOR R1: SRI. VEDAMURTHACHAR G, ADVOCATE FOR R3: SRI. VIKYATH B, ADVOCATE FOR R9: SRI.MOHAMMED MUMTAZ, ADVOCATE FOR R8: NOTICE TO R2, R4 TO R7 & R10 TO R12 ARE DISPENSED WITH V/O DATED: 03.02.2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IF NECESSARY AND QUASH THE IMPUGNED ORDER DATED 01/10/2024 PASSED BY THE ADDL. SENIOR CIVIL JUDGE, DODDABALLAPUR ON IA FILED BY THE PETITIONER UNDER ORDER 8 RULE 1-A OF CPC IN - 4 - NC: 2025:KHC:9237 WP No. 31091 of 2024 FDP NO. 2/2008 AT ANNEXURE-A AND THEREBY ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 8 RULE 1-A OF C.P.C. IN FDP NO. 2/2008 AS PRAYED FOR AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 respondent No.7 under Article 227 of the Constitution of India, challenging the order dated 01.10.2024 passed by the Additional Senior Civil Judge, Doddaballapura on IA filed under Order VIII Rule 1(A) of CPC in FDP No.2/2008, whereby the application for production of Will has been dismissed. 2. The plaintiff field a suit for partition. The suit has been decreed on 22.11.2007 in O.S.No.49/2004. Pursuant to that, the final decree proceedings have been initiated in FDP No.2/2008. During the pendency of the proceedings, the petitioner herein filed an application for impleading. The FDP Court by order dated 29.11.2013 allowed the application filed by the petitioner and permitted him to - 5 - NC: 2025:KHC:9237 WP No. 31091 of 2024 come on record as respondent No.7. In the application filed by one of the brother of the petitioner for impleading, the FDP Court passed an order on 31.05.2013 permitting him to come on record as respondent No.6 and also stayed the further proceedings in final decree proceedings, only in respect of the suit schedule property covered under the Will dated 04.11.1986 until the claim of the third party applicant are decided on merits. On the basis of that order, the present application is filed for production of documents during the course of the evidence. Since the order passed by FDP Court dated 31.05.2013 has attained finality, the production of the Will by the petitioner is necessary to establish his case. Without considering the earlier order, the FDP Court erred in dismissing the application. 3. In view of the above, the following order is passed: (i) The writ petition is allowed. - 6 - NC: 2025:KHC:9237 WP No. 31091 of 2024 (ii) The order dated 01.10.2024 passed on IA filed under Order 8 Rule 1(A) of CPC in FDP No.2/2008 by the Additional Senior Civil Judge, Doddaballapura is set aside. (iii) IA filed under Order 8 Rule 1(A) of CPC in FDP No.2/2008 by respondent No.7 is allowed. (iv) All the contentions of the parties are left open. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 2 SL NO.: 4