- 1 - HC-KAR NC: 2025:KHC:51276 WP No. 7736 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 7736 OF 2021 (GM-CPC) BETWEEN: SRI. VIJAYRAJ S/O LATE AGARCHAND, AGED ABOUT 72 YEARS, R/AT NO.235/A, D.B.STREET, PALACE GUTTAHALLI, BANGALORE-560 003. …PETITIONER (BY SRI. G.A.SHREENIVASA., ADVOCATE) AND: SRI. SRINIVAS.B S/O P.BALAPPA, AGED ABOUT 50 YEARS, R/AT NO.515/1, TCH COLLEGE ROAD, NAGAVARA POST, BANGALORE-560 004. …RESPONDENT (SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN OS NO.1889/2012 LEARNED HON’BLE XIV ADDL CITY CIVIL JUDGE, BANGALORE CITY (CCH-28). TO SET ASIDE THE ORDER DTD 26.03.2021 PASSED IN O.S. NO.1889/2012, PASSED BY THE LEARNED HONBLE XIV ADDL CITY CIVIL JUDGE BANGLAORE CITY (CCH-28) VIDE ANNEXURE-A AND ALLOW THE INTERLOCUTORY APPLICATIONS NO.20 IN O.S.1889/12 VIDE ANNEXURE-J AND ETC. Digitally signed by S NOORUNNISABEGUM Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51276 WP No. 7736 of 2021 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition seeks to challenge an order dated 26.03.2021 passed by the learned Hon’ble XIV Additional City Civil Judge, Bangalore (CCH-28) (hereinafter referred to as the ‘Impugned Order’). By the Impugned Order, the learned Trial Court dismissed an application filed by the petitioner/defendant under Order 14 Rule 5 read with Section 151 of the Code of Civil Procedure, 1908, which sought framing of an additional issue, and imposed a cost of Rs.100/- on the petitioner/defendant. 2. The respondent, though served, remains unrepresented. 3. This Court, after hearing the learned counsel for the petitioner on 04.12.2025, had passed the following order: “1. A request for adjournment is sought on behalf of the petitioner. It is stated that the arguing counsel has since passed away. - 3 - HC-KAR NC: 2025:KHC:51276 WP No. 7736 of 2021 2. On inquiry with the counsel on record as to when the arguing counsel had passed away, he submits that the date of passing away of the arguing counsel was on 07.02.2023. 3. The record reflects that the petitioner is the defendant in the suit and that he has obtained an order, granting interim stay of the suit from this Court on 19.04.2021. The interim order has continued since. 4. The issue before this Court is dismissal of an application under Order XIV Rule 5 of the Code of Civil Procedure, 1908 by the Trial Court, which was dismissed with costs at the rate of Rs.100/-. 5. The learned Trial Court has found that the additional issue that is sought to be framed was in respect of an agreement to sell entered into by the respondent/plaintiff with one K.S. Prabhakar. 6. It is apposite to set out the issues which have already been framed in the matter by the learned Trial Court. They read as under: Issues: "1. Whether the plaintiff proves that the defendant is due for a sum of Rs.35,00,000/- towards sale consideration amount as pleaded by him? - 4 - HC-KAR NC: 2025:KHC:51276 WP No. 7736 of 2021 2. Whether the plaintiff is entitled for the suit claim along with an interest at 24% per annum? 3. What order or decree?" Additional Issues: "1. Whether the plaintiff proves defendant is liable to pay suit claim amount? 2. If so, what is the rate of interest the plaintiff is entitled? 3. Whether the suit is in time? 4. Whether the defendant proves the alleged agreement to be unlawful and void?" 7. Learned counsel for the petitioner does not dispute that the additional issue No.4 is with respect to the same agreement as is sought to be challenged by him. He, however, seeks sometime to take instructions in this behalf. 8. The Registry is directed to delete the name of learned counsel late Mr. N.P. Kallesh Gowda, who is no longer alive and print the name of Sri.G.A. Shreenivasa as appearing for petitioner. 9. List this petition on 05.12.2025.” 4. As stated above the counsel for the petitioner does not dispute that the Additional Issue No.4 refers to the - 5 - HC-KAR NC: 2025:KHC:51276 WP No. 7736 of 2021 same agreement that has been sought to be challenged by him. However, today he submits that the burden of proof should be placed on the plaintiff and not on the defendant. 5. The prayer sought for in the application filed by the petitioner/defendant was however as follows: “That for the reasons stated in the accompanying affidavit the named defendant most respectfully prays this Hon’ble Court by pleased to frame below mentioned additional issue for effective and proper adjudication of suit and to avoid miscarriage of justice and multiplicity of litigation in the interest of justice and equity. ADDITIONAL ISSUES 1. Whether the plaintiff proves that, the plaintiff has entered into an agreement of sell dated 20.03.2009 with Dr. K.S.Prabhakar for purchase of the Schedule property? 2. Whether the suit is liable to be dismissed for non joinder of necessary parties?” 6. It is evident that the petitioner is now raising a new ground of which was not the subject matter of the application filed by petitioner on 03.02.2021. The challenge before this Court is with respect to this Application alone. - 6 - HC-KAR NC: 2025:KHC:51276 WP No. 7736 of 2021 7. Accordingly, the petition is, devoid of any merit and dismissed. 8. The cost of Rs.100/- shall be paid deposited by the petitioner deposit within two days. (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 25 Digitally signed by TARA VITASTA GANJU Location: High Court of Karnataka