- 1 - HC-KAR NC: 2025:KHC:43914 WP No. 32806 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 32806 OF 2025 (GM-CPC) BETWEEN: SMT. CHAYA NANJAPPA AGED ABOUT 52 YEARS, D/O LATE P N NANJAPPA R/AT APARTMENT NO.203 BRIGADE SOLITAIRE ALANAHALLI SIDDHARTHA LAYOUT MYSORE - 570011 …PETITIONER (BY SRI. PALLAVA R.,ADVOCATE) AND: SMT. KEERTHI. K AGED ABOUT 52 YEARS W/O LATE SENTHIL KUMAR NARAYANAN R/AT NO. 147/17-18 APARTMENT NO. 312 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43914 WP No. 32806 of 2025 BRIGADE SOLITAIRE ALANAHALLI SIDDHARTHA LAYOUT MYSORE - 570011 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 30.08.2025 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MYSORE ON I.A. NO. 24 IN O.S. NO. 852/2014 WHICH IS GIVEN HEREIN AT ANNEXURE-A; CONSEQUENTLY, ALLOW THE I.A. NO. 24 FILED BY THE PETITIONER HEREIN UNDER ORDER 14 RULE 5 OF CPC IN O.S. NO. 852/2014 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MYSORE WHICH IS GIVEN HEREIN AT ANNEXURE- F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:43914 WP No. 32806 of 2025 ORAL ORDER This petition is by the defendant in O.S.No.852/2014 on the file of the Principal Senior Civil Judge and CJM, Mysuru [for short, 'the civil Court']. The petitioner is aggrieved by the civil Court's order dated 30.08.2025 on her application in I.A.No.XXIV under Order XIV Rule 5 of the Code of Civil Procedure. The respondent's suit is for specific performance of the Agreement of Sale dated 09.04.2013, and on completion of pleadings, the civil Court has framed Issue No. 1 which reads as under: "Whether the Plaintiff proves that, the Defendant has executed an registered Agreement of Sale dated 09.04.2013 in respect of the suit schedule property for total sale consideration of Rs.65,97,500/-?" The petitioner has filed the present application for recasting of the Issue with the burden on the respondent to prove that the entire consideration of - 4 - HC-KAR NC: 2025:KHC:43914 WP No. 32806 of 2025 Rs.65,97,500/- was paid to the petitioner on the date of the agreement. The civil Court has opined that both the Issue as framed and the proposed Issue are similar and does not require any additional Issue. Mr. Pallava R, the learned counsel for the petitioner, submits that the petitioner's defence is that he has executed the Agreement of Sale dated 09.04.2013 to secure the amount paid as acknowledged under a contemporaneous agreement and therefore, the respondent must be put on the burden of establishing that he has paid the entire amount of Rs.65,97,500/- as consideration for the execution of the Agreement of Sale. This Court must observe that if the Issue framed encompasses the burden on the respondent to prove the passing of consideration [Rs.65,97,500/], no exception can be taken with the civil Court's order, and this Court is of the view that Issue No. 1 as framed does indeed encompass the burden on the - 5 - HC-KAR NC: 2025:KHC:43914 WP No. 32806 of 2025 respondent to show that he has paid Rs.65,97,500/- as consideration for the execution of the Agreement of Sale dated 09.04.2013. As such, there is no reason for interference and the petition stands disposed of with this observation. Sd/- (B M SHYAM PRASAD) JUDGE RB