- 1 - HC-KAR NC: 2025:KHC:50226 WP No. 75 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 75 OF 2024 (GM-CPC) BETWEEN: SRI VELUSWAMY S/O INBANTHAN AGED ABOUT 39 YEARS R/AT 136, M.T. STREET KODIHALLI, BENGALURU - 560 008. …PETITIONER (BY SRI BINU M, ADV.) AND: 1. SMT. BRINDHA NAGARAJ W/O SRI NAGARAJ V T D/O LATE T R MUTHU AGED ABOUT 75 YEARS R/AT NO.36, SANNIDHI ROAD N R COLONY, BASAVANAGUDI BENGALURU - 560 064 CURRENTLY R/AT NO.7847 EMILYUS WAY, GBEENBELT MARYLAND, USA. 2. SMT. CHANDRA MURALIDHARAN W/O T M MURALIDHARAN AGED ABOUT 68 YEARS R/AT NO.12, VIBHAV BAYVIEW APARTMENTS, PARVATHI STREET KALAKSHETRA COLONY BASANT NAGAR CHENNAI - 600 900. 3. SMT. SRIVIDYA W/O SRI M.T. RAGAHVAN AGED ABOUT 64 YEARS R/AT NO.46, 3RD MAIN I STAGE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50226 WP No. 75 of 2024 AGB LAYOUT MAHALAKSHMIPURAM BENGALUR - 560 086. RESPONDENT NO 1 TO 3 ARE REP BY GPA HOLDER SRI THIRUKARUVAGOOR MUTHU RAGHAVAN S/O LATE T R MUTHU AGED ABOUT 67 YEARS R/AT NO.46, 3RD MAIN I STAGE, AGB LAYOUT MAHALAKSHMIPURAM BENGAURU - 560 086. 4. SENIOR SUB-REGISTRAR SHIVAJINAGAR ZONE CHURCH STREET BENGALURU - 560 001. …RESPONDENTS (BY SRI RAJATH, ADV., FOR R-1 TO R-3; V/O DTD 17.11.2025, NOTICE TO R-4 IS D/W) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER PASSED BY THE LEARNED XIII ADDL. CITY CIVIL JUDGE AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-22), VIDE ITS ORDER DATED 30/10/2023 ON I.A. NO. 5 FILED UNDER SECTION 45 OF THE INDIAN EVIDENCE ACT READ WITH SECTION 151 OF CIVIL PROCEDURE CODE IN O.S. NO. 25032/2019 PRODUCED AS ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by defendant no.1 with a prayer to set aside the - 3 - HC-KAR NC: 2025:KHC:50226 WP No. 75 of 2024 order dated 30.10.2023 passed on IA.No.5 in O.S.No.25032/2019 by the Court of XIII Addl. City Civil & Sessions Judge, Bengaluru. 2. Heard the learned Counsel for the parties. 3. Suit in O.S.No.25032/2019 is filed before the jurisdictional Civil Court, Mayohall Unit, Bengaluru, by the respondent nos.1 to 3 herein seeking the relief of declaration, possession and the consequential relief of permanent injunction in respect of the suit schedule property. 4. Defendant no.1 had filed written statement in the said suit and had opposed the suit claim. 5. IA.No.5 was filed on behalf of defendant no.1 before the Trial Court in O.S.No.25032/2019 with a prayer to refer the admitted signature of late K.S.Ramamurthy found on Ex.P-1 - sale deed along with his disputed signatures found in the Will dated 06.09.2015 under which the plaintiffs claim right, title and interest over the suit schedule property, to an expert to compare the same and submit report. - 4 - HC-KAR NC: 2025:KHC:50226 WP No. 75 of 2024 6. The said application was opposed by the plaintiffs by filing objections. 7. The Trial Court vide the order impugned, has rejected IA.No.5 and being aggrieved by the same, petitioner is before this Court. 8. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that the sale deed dated 26.03.2018 has been executed in favour of the petitioner on the strength of the General Power of Attorney which was executed by late K.S.Ramamurthy and his wife during their lifetime. On the strength of the said sale deed, petitioner is in lawful possession of the suit schedule property. The letter of administration issued in favour of the plaintiffs in O.S.No.25032/2019 is not binding on the petitioner who is not a party to the said proceedings. In the event, the disputed signatures in the Will dated 06.09.2015 is compared with the admitted signature of K.S.Ramamurthy, that would assist the Court for proper adjudication of the dispute involved in the suit. - 5 - HC-KAR NC: 2025:KHC:50226 WP No. 75 of 2024 9. Per contra, learned Counsel appearing for the respondents have argued in support of the impugned order and have prayed to dismiss the petition. 10. Suit in O.S.No.25032/2019 has been filed by respondent nos.1 to 3 herein who are the Class-II heirs of deceased K.S.Ramamurthy. According to the plaintiffs, K.S.Ramamurthy had executed his last Will on 06.09.2015 in their favour in respect of the suit schedule property. K.S.Ramamurthy had died on 12.11.2015 and his wife Mythiri Ramamurthy had pre- deceased K.S.Ramamurthy on 22.11.2007. The petitioner who is defendant no.1 in O.S.No.25032/2019 claims right over the suit schedule property under a registered sale deed dated 26.03.2018 said to have been executed in his favour by one Sri Rajappa, General Power of Attorney holder of late K.S.Ramamurthy and his wife late Mythiri Ramamurthy executed on 03.02.1995. 11. It is not in dispute that K.S.Ramamurthy and his wife Mythiri Ramamurthy had died as on the date of execution of the sale deed in favour of the petitioner herein. Though a contention is urged on behalf of the petitioner that the - 6 - HC-KAR NC: 2025:KHC:50226 WP No. 75 of 2024 aforesaid General Power of Attorney dated 03.02.1995 was coupled with interest, and therefore, on the strength of the same, Rajappa had executed the sale deed in favour of the petitioner, perusal of the copy of the Power of Attorney which is made available to this Court would go to show that no consideration has been paid under the said Power of Attorney to late K.S.Ramamurthy and his wife Mythiri Ramamurthy, and the said power of attorney is not coupled with interest as contended by the petitioner herein. 12. In addition to the same, it is also seen that the letter of administration has been issued as at Ex.P-6 in favour of the plaintiffs by the competent court in respect of the last Will said to have been executed by K.S.Ramamurthy, under which they have sought declaration of title in respect of the suit schedule property. No proceedings has been initiated for revocation of the letter of administration issued in their favour. Therefore, defendant no.1 cannot question the genuineness of the said Will in the present suit. 13. The Trial Court having appreciated the aforesaid aspects of the matter, has rightly rejected IA.No.5 filed by the - 7 - HC-KAR NC: 2025:KHC:50226 WP No. 75 of 2024 petitioner to forward the admitted signatures of K.S.Ramamurthy found in the Will dated 06.09.2015 to compare the same with the admitted signatures of K.S.Ramamurthy found in Ex.P-1 - sale deed. Therefore, I do not find any illegality or irregularity in the order impugned. Accordingly, the writ petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK