- 1 - HC-KAR NC: 2025:KHC:40378 WP No. 6473 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 6473 OF 2023 (GM-CPC) BETWEEN: SMT. SHANTHAMMA D/O LATE MUDIGERE CHIKKONU AGED ABOUT 52 YEARS R/O. BASAVANAAPURA VILLAGE IN FORT OF KMF DAIRY GEJJALAGERE, KASABA HOBLI MADDUR TALUK MANDYA DISTRICT - 571 401. …PETITIONER (BY SRI RAJA L, ADV.) AND: 1. SMT. PARVATHAMMA W/O LATE CHIKKEERAIAH AGED ABOUT 62 YEARS. 2. SRI G.C. INDRANI D/O LATE CHIKKEERAIAH W/O K.B. ASHOK KUMAR AGED ABOUT 42 YEARS. 3. SRI INDUKUMAR S/O LATE CHIKKEERAIAH AGED ABOUT 40 YEARS. 4. DIVYASHREE D/O LATE CHIKKEERAIAH AGED ABOUT 34 YEARS. ALL ARE RESIDING AT DOOR NO.140, 10TH CROSS GANDHINAGARA Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40378 WP No. 6473 of 2023 (SHANKRANAGARA) MANDYA DISTRICT - 571 401. 5. G.C. SOWMYASHREE D/O SHANTHAMMA AGED ABOUT 34 YEARS OCC. VILLAGE ACCOUNTANT HIREKERIYUR VILLAGE HIREKERIYUR TALUK HAVERI DISTRICT - 581 111. …RESPONDENTS (BY SRI B.G. NANJUNDARADHYA, ADV., FOR R-1 TO R-4; V/O/D 28.03.2023, NOTICE TO R-5 IS D/W) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DTD 15.02.2023 PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT MANDYA IN OS. NO.609/2011 IN IA NO.VIII VIDE ANNX-E. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioner is before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to quash the order dated 15.02.2023 passed by the Court of Principal Civil Judge and JMFC, Mandya, on IA No.8 in OS No.609/2011. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:40378 WP No. 6473 of 2023 3. Respondent Nos.1 to 4 herein had filed OS No.609/2011 before the jurisdictional Civil Court with a prayer to declare that the first respondent is the legally wedded wife of deceased Chikkeeraiah and plaintiff Nos.2 to 4 are the children born out of the wedlock of the plaintiff No.1 with deceased Chikkeeraiah and also had prayed for declaring that plaintiffs are entitled to get the pensionary benefits of deceased Chikkeeraiah. In the said suit, defendants had filed IA No.8 under Order XVI Rule 16 read with Section 151 of CPC with a prayer to issue summons to District Insurance Officer, KGID, Mandya and Manager, Life Insurance Corporation of India, Mandya, to produce the insurance policies standing in the name of late Chikkeeraiah. The said application was opposed by the plaintiffs and the Trial Court vide the order impugned dismissed the said application and therefore, defendants are before this Court. 4. Defendants have filed a detailed written statement opposing the prayer made in the suit. In the written statement, it is contended that first defendant is the legally wedded wife of deceased Chikkeeraiah and from the said wedlock, defendant No.2 was born. IA No.8 was filed by the defendants to summon - 4 - HC-KAR NC: 2025:KHC:40378 WP No. 6473 of 2023 the District Insurance Officer, KGID, Mandya and Manager, Life Insurance Corporation of India, Mandya to produce the insurance policies standing in the name of Chikkeeraiah, in which according to them, defendant No.1 was appointed as a nominee. The Trial Court has rejected the said application for the reason that defendants had earlier filed an application in IA No.5 with a prayer to summon the service register and other documents relating to service of deceased Chikkeeraiah and in the said application, the prayer made in IA No.8 was not made and subsequently, at belated stage, IA No.8 was filed. In my considered view, since the documents which are sought to be summoned by the defendants are relevant and material documents, which would assist the Trial Court to properly adjudicate the dispute involved in the suit in question, the Trial Court was not justified in rejecting IA No.8. Under the circumstances, the following order:- 5. The petition is allowed. The order dated 15.02.2023 passed by the Court of Principal Civil Judge and JMFC, Mandya, on IA No.8 in OS No.609/2011 is hereby quashed and the prayer made in IA No.8 is allowed subject to defendants paying - 5 - HC-KAR NC: 2025:KHC:40378 WP No. 6473 of 2023 cost of Rs.2,500/- to the plaintiffs on the next date of hearing before the Trial Court. 6. It is needless to state that since the suit is of the year 2011, the Trial Court shall make endeavors to dispose off the suit on its merits, as expeditiously as possible. 7. In view of the disposal of the main petition, pending interlocutory application, if any, does not survive for consideration. Accordingly, the same is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 26