- 1 - HC-KAR NC: 2025:KHC:34038 WP No. 20472 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 20472 OF 2022 (GM-CPC) BETWEEN: 1. SMT. KAVITHA, W/O VASANTHKUMAR, AGED ABOUT 40 YEARS ARTIST(SINGER), RESIDENT OF HUTTA COLONY, BHADRAVATHI-577245 SHIVAMOGGA DISTRICT …PETITIONER (BY SRI S. B. TOTAD, ADVOCATE) AND: 1. SMT. SUKANYA, W/O GIRISH, AGED ABOUT 50 YEARS, RESIDENTS OF 1ST CROSS 4TH B MAIN, 11TH CROSS, NAGARABHAVI MAIN ROAD, KALYANA NAGAR, BANGALORE-560072. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED B THE IV ADDITIONAL CIVIL Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34038 WP No. 20472 of 2022 JUDGE AN DJMFC, DAVANGERE IN O.S.No.743/2012 DATED 07.06.2022 IN DISMISSING THE APPLICATION UNDER ORDER 16 RULE 1 AND 2 R/W SECTIN 151 OF THE CODE OF CIVIL PROCEDURE AT ANNEXURE-E. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER The instant writ petition is filed by the plaintiff in O.S. No.743/2012 on the file of the IV Additional Civil Judge and JMFC, Davanagere, challenging the order dated 07.06.2022. 2. The plaintiff instituted O.S. No.743/2012 seeking a declaration that the partition deed dated 07.03.2008 is a fraudulent document. The defendants entered appearance and filed their written statement, whereupon the Trial Court framed issues. The plaintiff adduced his evidence and marked Ex.P4, issued by the Corporation, Davanagere, and Ex.P7, the Medical Certificate of the plaintiff. After completion of the plaintiff’s evidence, an application under Order XVI Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short 'CPC') was filed to - 3 - HC-KAR NC: 2025:KHC:34038 WP No. 20472 of 2022 examine the Revenue Officer of the Mahanagara Palike, Davanagere, and the Medical Officer, Primary Health Centre, Rangenahalli, Chikkamagaluru District, to prove Exs.P4 and P7. The Trial Court, disbelieving the reasons assigned in the application, namely, that the proposed witnesses could not be included in the list of witnesses on account of non-availability of their addresses, rejected the application. 3. Learned counsel for the petitioner submits that the plaintiff has already produced Exs.P4 and P7, namely, the certificate issued by the Corporation, Davanagere, and the Medical Certificate of the plaintiff. It is contended that examination of the additional witnesses is necessary to prove Exs.P4 and P7, and that the Trial Court has committed an error in rejecting the application. 4. Despite service of notice, there is no representation on behalf of the respondent. 5. Considered the submissions of learned counsel for the petitioner and perused the writ papers. - 4 - HC-KAR NC: 2025:KHC:34038 WP No. 20472 of 2022 6. It is seen that the plaintiff has instituted the suit seeking a declaration that the partition deed dated 07.03.2008 is a fraudulent document executed by misrepresentation. It is pleaded in the plaint that the said partition deed was executed when the plaintiff was unwell. In the application, it is stated that Ex.P4 is required to be proved by examining the Revenue Officer of the Mahanagara Palike to identify the property, and that the Medical Officer is required to prove Ex.P7 – the Medical Certificate to establish the mental status of the plaintiff at the time of execution of the partition deed. The Trial Court, on hyper-technical grounds, rejected the application holding that no sufficient reasons were assigned for granting permission to summon additional witnesses. 7. Be that as it may, this Court, by order dated 17.10.2022, directed the Trial Court to defer pronouncement of judgment during the pendency of this petition. It is submitted that the evidence of both parties stands concluded. Since the allegation of fraud is founded on the ill-health of the plaintiff and identification of the property is to be established, - 5 - HC-KAR NC: 2025:KHC:34038 WP No. 20472 of 2022 examination of the additional witnesses would be just and necessary. 8. Restoring the stage of the suit for examination of additional witnesses would undoubtedly cause some inconvenience to the defendant. However, such inconvenience can be compensated by appropriate terms to be imposed by this Court. Moreover, permitting the examination of additional witnesses would enable comprehensive adjudication of the dispute before the Trial Court and obviate multiplicity of proceedings. 9. For the aforesaid reasons, this Court is inclined to allow the petition. Accordingly, the following: O R D E R (i) Writ petition is allowed. (ii) Impugned order dated 07.06.2022 on I.A. filed under Order XVI Rules 1 and 2 of CPC is set aside. (iii) The application filed under Order XVI Rules 1 and 2 of CPC to examine the witness in the additional list is hereby allowed subject to payment of cost of Rs.10,000/- to the defendant. - 6 - HC-KAR NC: 2025:KHC:34038 WP No. 20472 of 2022 (iv) The acknowledgment for production of cost shall be placed before issuance of summons to the additional witnesses. Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 31