- 1 - NC: 2025:KHC:2171 WP No. 34920 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 34920 OF 2024 (GM-CPC) BETWEEN: 1. SMT. PARVATHAMMA W/O.LATE. PEDDA, BHOJAPPA @A.BHOJAPPA SINCE DEAD BY ITS LR'S SRI. B. VEERABHADRAIAH S/O.LATE.PEDDA BHOJAPPA @A.BHOJAPPA AGED ABOUT 35 YEARS R/AT.NO.100/90, NEW PET, ANEKAL TOWN BENGALURU RURAL DISTRICT PIN -562106. 2. SRI. B. SHIVARUDRAIAH S/O.LATE. PEDDA BHOJAPPA @A.BHOJAPPA AGED ABOUT 47 YEARS R/AT.NO.5/6, 15TH CROSS LAKKASANDRA, AUDUGODI POST BENGALURU-560030. 3. SRI. V.CHETHAN S/O B VEERABADRAIAH AGED ABOUT 37 YEARS R/AT.NO.100/90, NEW PET, ANEKAL TOWN BENGALURU URBAN DISTRICT -562106. …PETITIONERS (BY SRI. VIJAYA SHEKARA GOWDA V.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2171 WP No. 34920 of 2024 AND: 1. SMT. B SAROJAMMA W/O. B.RUDRASWAMY D/O.LATE.PEDDA BHOJAPPA @A.BHOJAPPA SINCE DEAD BY HER LRS SRI. NAGENDRA RUDRASWAMY S/O.SRI.B.RUDRASWAMY AGED ABOUT 40 YEARS R/AT.NO.35, VASUDEVA NILAYA 16TH CROSS, LAKKASANDRA ADUGODI POST, BENGALURU-560030 2. SMT. B. SHIVAMMA W/O.SRI.A.R.KALYANNAIAH D/O LATE. PEDDA BHOJAPPA @ A.BHOJAPPA AGED ABOUT 59 YEARS. R/AT.NO.5/5, 15TH CROSS, LAKKASANDRA AUDUGODI POST, BENGALURU-560030 3. SMT. B. SUSHEELA W/O.SRI.N.SOMASHEKARA SHARMA @A.BHOJAPPA D/O. LATE. PEDDA BHOJAPPA AGED ABOUT 57 YEARS R/AT.NO.87/1, 'G' STREET JOGUPALYA MAIN ROAD HALSOOR, BENGALURU-560 008 4. SMT. B.NAGARATHNAMMA W/O.SRI.P.CHENNAVEERAPPA D/O.LATE. PEDDA BHOJAPPA @A.BHOJAPPA, SINCE DEAD BY HER LRS SRI. C. CHANDRASHEKAR S/O.P.CHANNAVEERAPPA AGED ABOUT 32 YEARS R/AT.NO.99/1, 7TH CROSS - 3 - NC: 2025:KHC:2171 WP No. 34920 of 2024 20TH MAIN, BTM 1 STAGE BENGALURU-560 068 5. SMT. B.GOWRAMBA W/O. S.UDAYASHANKAR D/O. LATE. PEDDA BHOJAPPA @A.BHOJAPPA SINCE DEAD REPRESENTED BY SMT. B.RAJESHWARI W/O.SRI.G.B. NEELAKANTA D/O LATE. PEDDA BHOJAPPA @A.BHOJAPPA AGED ABOUT 45 YEARS R/AT RUDRESHWARA NILAYA, 1ST CROSS AKKIPET, BENGALURU-560 053 6. SRI N SHIVARUDRA S/O NAGAPPA AGED ABOUT 44 YEARS 7. SRI N RENUKARADHYA S/O.NAGAPPA AGED ABOUT 40 YEARS 8. SMT N SHIVAMMA D/O NAGAPPA AGED ABOUT 37 YEARS 9. SMT. N.POORNIMA D/O.NAGAPPA AGED ABOUT 46 YEARS R6 TO R9 ARE R/ATMANKUNDA VILLAGE CHANNAPATNA TALUK RAMANAGARA DISTRICT-562108 …RESPONDENTS (BY SRI.A MADHUSUDHAN RAO .,ADVOCATE FOR R1 TO R5: NOTICE TO R6 TO R9 ARE DISPENSED WITH V/O DATED: 30.12.2024) - 4 - NC: 2025:KHC:2171 WP No. 34920 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 29/11/2024 PASSED ON I.A. FILED UNDER ORDER 26 RULE 10-A OF CPC R/W SECTION 45 OF INDIAN EVIDENCE ACT IN O.S. NO.1366/2012 AND O.S NO.661/2023 BY THE LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-70 AT BENGALURU CITY, AT ANNEXURE-S 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 the defendant Nos. 1, 2, 3 and 8 under Article 227 of the Constitution of India, challenging the order dated 29.11.2024 passed on IA filed under Order XXVI Rule 10A of CPC in O.S.No.1366/2012 by the LXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-70), wherein the application for appointment of Court Commissioner has been rejected. 2. The plaintiffs filed a suit for partition and separate possession. The defendants appeared through counsel and filed the written statement contending that the father of the plaintiffs has executed Wills dated 14.10.1996 as per Exs. D17 and D63 in their favour. The same has been - 5 - NC: 2025:KHC:2171 WP No. 34920 of 2024 disputed by the plaintiffs. Therefore, petitioners filed an IA under Order XXVI Rule 10A of CPC for appointment of a Court Commissioner for comparison of the admitted signature of said A.Bhojappa with the disputed signature. The trial court, by the impugned order, without giving proper reasons has dismissed the said application. The same is a non-speaking order. The Wills set up by the defendants as per Exs. D17 and D63 have been denied by the plaintiffs. Considering the facts and circumstances of the case, I am of the opinion that the application filed by the petitioners requires to be allowed. 3. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 29.11.2024 passed by LXIX Additional City Civil & Sessions Judge, Bengaluru City (CCH-70) on IA filed under Order XXVI Rule 10A of CPC in O.S.No.1366/2012 c/w. O.S.No.661/2023 is set aside. - 6 - NC: 2025:KHC:2171 WP No. 34920 of 2024 (iii) IA filed under Order XXVI Rule 10A of CPC is allowed. (iv) The Director, State Forensic Science Laboratory, Madiwala, Bengaluru is appointed as the Court Commissioner, who shall conduct scientific investigation of Exs. D17, D63, D3, D59, D60, D62, D64 & D65 and to submit a report to the trial court in O.S.No.1366/2012 c/w. O.S.No.661/2023. (v) The petitioner herein has to bear the fee of the Court Commissioner to be fixed by him. (vi) The petitioner is directed to serve a copy of this order to the Court Commissioner. (vii) The Court Commissioner shall submit the report before the end of February 2025. (viii) The trial court is directed to dispose of the suit as expeditiously as possible. - 7 - NC: 2025:KHC:2171 WP No. 34920 of 2024 (ix) Both the parties are directed to co-operate for expeditious disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 63