- 1 - NC: 2025:KHC:3158 WP No. 31089 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 31089 OF 2024 (GM-CPC) BETWEEN: 1. SMT.KUSUMA W/O LATE DEVAPPA SHETTY AGED ABOUT 70 YEARS, KONDANA HOUSE, KOTEKAR VILLAGE AND POST MANGALORE: 575 002. (Senior citizen benefit not claimed) 2. SRI RAMESH, S/O LATE DEVAPPA SHETTY, AGED ABOUT 55 YEARS, KONDANA HOUSE, KOTEKAR VILLAGE & POST MANGALORE: 575 002. 3. SMT. JYOTHI, D/O S/O LATE DEVAPPA SHETTY, W/O PUSHPAKAR SHETTY, AGED ABOUT 49 YEARS, ACHUKODI HOUSE, MUGURKODI, KONCHADI POST, MANGALORE:575 008. 4. SMT. MAMATHA, D/O LATE SRI. DEVAPPA SHETTY, W/O SRI. DINAKARA SHETTY, AGED ABOUT 45 YEARS, R/AT MALENDOR HOUSE, ICHILANGODU POST-671 324, VIA UPALLA, KASARAGOD TALUK AND DISTRICT. 5. SRI. GURUPRASAD, S/O LATE SRI. DEVAPPA SHETTY, Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3158 WP No. 31089 of 2024 AGED ABOUT 42 YEARS, R/AT KONDANA HOUSE, KOTEKAR VILLAGE POST, MANGALORE :575 002. …PETITIONERS (BY SRI. GOVINDARAJ K.,ADVOCATE) AND: 1. SMT.RATHNAVATHI AGED ABOUT 80 YEARS, D/O OF LATE SRI. SUBBANNA SHETTY, W/O LATE SRI. KITTTANNA SHETTY, R/AT BAMBRAN KATTADA BALI HOUSE, KASARAGOD, KUMBLE-671 321. 2. SMT. INDIRA, AGED ABOUT 75 YEARS, D/O OF LATE SRI. SUBBANNA SHETTY, W/O LATE SRI. KUTTY, R/AT KONDANA MARIYANNA PALU, KOTEKAR POST, MANGALORE-575 022. 3. 3(a) SMT. SAMPA D/O OF LATE SRI. SUBBANNA SHETTY, W/O SRI. VITTAL CHOUTA, AGED ABOUT 70 YEARS, R/AT KALALAYI HOUSE, KUNJATHOOR, POST KUNJATHOOR, KASARAGOD DISTRICT-671 323. (DIED ON 16/11/2024, LR’S BROUGHT ON RECORD AS PER THE ORDER OF HON’BLE COURT DATED 24/01/2025) SINCE DEAD BY LR’S MRS.SUVASINI SHETTY, D/O LATE SAMPA, W/O MR.PRABHAKARA SHETTY, AGED ABOUT 60 YEARS, R/A: KALALAI GUTHU HOUSE, KUNJATHOOR, MANJESHWARA-671 323. KERALA STATE. - 3 - NC: 2025:KHC:3158 WP No. 31089 of 2024 3(b) 3(c) 3(d) 3(e) 3(f) MR. NAGESH CHOWTA, S/O LATE SAMPA, AGED ABOUT 55 YEARS, R/AT:B-3, SUDARSHAN SOCIETY, DEVDAYA NAGAR, POKHRAN ROAD NO.1, THANE(WEST), MUMBAI- 400 606. MR. RAMESH CHOWTA, S/O LATE SAMPA, AGED ABOUT 50 YEARS, R/AT: KALALAI GUTHU HOUSE, KUNJATHOOR, MANJESHAWAR-671 323, KERALA STATE. MRS. VANI SHETTY, D/O LATE SAMPA, W/O MR.BALA SHETTY, AGED ABOUT 47 YEARS, R/AT:301/A WING, SHIVAI APARTMENT, SHIVAI NAGAR, THANE(WEST), MUMBAI- 400 606. MR. HARISH CHOWTA, S/O LATE SAMPA, AGED 43 YEARS, R/AT:KALALAI GUTHU HOUSE, KUNJATHOOR, MANJESHWARA- 671 323, KERALA STATE. MRS. HARINAKSHI SHETTY, D/O LATE SAMPA, W/O MR.MANOJ SHETTY, AGED ABOUT 41 YEARS, R/AT:”OM SAI NILAYA”, SHIVAHIRI, MAHALINGESHWARA, KUNJATHOOR, MANJESHWARA-671 323. KERALA STATE. 4. SMT. SHAMBHAVI D/O OF LATE SRI. SUBBANNA SHETTY, - 4 - NC: 2025:KHC:3158 WP No. 31089 of 2024 W/O LATE SRI. MONAPPA SHETTY, AGED ABOUT 76 YEARS, R/AT B.K. RAI COMPOUND, PANDITH HOUSE, PERMANNUR POST-575 017, MANGALORE. 5. SMT. MEENAKSHI, D/O OF LATE SRI. SUBBANNA SHETTY, AGED ABOUT 68 YEARS, R/AT CHANDRA KUNJ HOUSING SOCIETY, FLAT NO. 41, STATION ROAD, VIKROLI WEST, MUMBAI:400 083. 6. SMT. USHA, D/O LATE SRI DEVAPPA SHETTY, W/O SRI. SADANANDA, AGED ABOUT 56 YEARS, R/AT KORINJA MANE, URUVALU BRAMA POST, BELTHANGADY (VIA):574 326, D.K. DISTRICT. 7. SRI. RAVI, S/O LATE SRI DEVAPPA SHETTY, AGED ABOUT 54 YEARS, KONDANA HOUSE, KOTEKAR VILLAGE POST MANGALORE:575 002. 8. SRI. GIRI, S/O LATE SRI DEVAPPA SHETTY, AGED ABOUT 52 YEARS, KONDANA HOUSE, KOTEKAR VILLAGE & POST MANGALORE: 575 002. …RESPONDENTS (BY SRI.K. RAVISHANKAR,ADVOCATE FOR R1, R2 AND R4, NOTICE NOT ORDERED TO R-3-LR’S AND R5 TO R8) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 18/09/2024 PASSED ON IA NO. XXVII, IN OS NO. 146/2014 IN THE FILE OF I ADDL. SENIOR CIVIL JUDGE AT MANGALORE AS PER ANN-L. AND QUASH THE ORDER DATED 18/09/2024, PASSED - 5 - NC: 2025:KHC:3158 WP No. 31089 of 2024 ON THE MEMO FILED BY DEFENDANTS NO. 2 TO 9, IN OS NO. 146/2014 IN THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AT MANGALORE AS PER ANN-M 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 petition is filed by defendant Nos.2, 3, 7 to 9, challenging the order dated 18.09.2024 passed by I Addl.Senior Civil Judge and CJM, Mangaluru on I.A.No.XXVII in O.S.No.146/2014, whereby I.A. filed by the plaintiffs is allowed and also challenged the order dated 18.09.2024 passed by that Court on memo filed by defendant Nos. 2 to 9 in O.S.No.146/2014, whereby that memo dated 10.11.2023 is rejected. 2. The plaintiffs have filed the suit for partition and separate possession. After the service of summons, defendants have appeared through counsel. Defendant Nos.1, 10 to 17 have set up a Will claiming the rights on the basis of Will. Therefore, plaintiffs have filed a memo reserving evidence after the defendants witnesses. - 6 - NC: 2025:KHC:3158 WP No. 31089 of 2024 Thereafter, the matter was posted for evidence of defendants on 20.06.2016. On the same day, the petitioners herein have filed a memo reserving the right of leading evidence after completion of evidence of plaintiffs. Thereafter, on 30.08.2024 the memo filed by the petitioners was allowed and they were permitted to lead their evidence after the evidence of plaintiffs. The matter was posted on 11.09.2024 for the evidence of petitioners. In the meantime, the plaintiffs have filed I.A.No.XXVII for recalling the order dated 30.08.2024. I.A.No.XXVII filed by the plaintiffs is allowed. Being aggrieved by the same, petitioners are before this Court. 3. Be that as it may since, the trial Court on an earlier occasion has allowed memo filed by the petitioners reserving their right to lead the evidence, now the evidence of all other defendants and plaintiffs are over, in the interest of justice, I am of the opinion that the opportunity has to be given to the petitioners to lead the evidence. Accordingly, the following: - 7 - NC: 2025:KHC:3158 WP No. 31089 of 2024 ORDER (i) Writ petition is allowed. (ii) The order dated *18.09.2024 passed on I.A.XXVII and on memo dated 10.11.2023 in O.S.No.146/2014 passed by I Addl.Senior Civil Judge and CJM, Mangaluru is set aside. (iii) The petitioners are permitted to lead their evidence, subject to condition that when the matter is posted for their evidence and cross-examination, they shall not seek for any adjournment. Sd/- (H.T. NARENDRA PRASAD) JUDGE RR List No.: 1 Sl No.: 41 * Corrected vide Chamber order dated: 17.02.2025