- 1 - HC-KAR NC: 2025:KHC:29898 WP No. 24784 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24784 OF 2024 (GM-CPC) BETWEEN: 1. SMT.SARALA D/O LATE P.SIDDAPPA, W/O SRI JAYAKUMAR, AGED ABOUT 65 YEARS, RESIDING AT NO. 1332, SARAKKI I PHASE, J.P. NAGAR BENGALURU – 560 078. 2. SMT.PARAN JYOTHI D/O LATE P.SIDDAPPA, W/O SRI V.SHANKAR AGED ABOUT 63 YEARS, RESIDING AT GURU DATTA NILAYA, 23RD CROSS, 6TH BLOCK JAYANAGAR BENGALURU – 560 041. 3. SMT.NALINAKSHI D/O LATE P.SIDDAPPA W/O NARAYANASWAMY (CORRECT NAME LATE C.VENKATASWAMY) AGED ABOUT 58 YEARS RESIDING AT NO.1332 SARAKKI I PHASE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29898 WP No. 24784 of 2024 J.P.NAGAR, BENGALURU – 560 078 THE PETITIONERS 1 TO 3 HEREIN ARE REPRESENTED BY THEIR SPA HOLDER SRI J.MANOJ KUMAR S/O LATE JAGADEESH KUMAR AGED ABOUT 30 YEARS, RESIDING AT NO.1332, SARAKKI I PHASE, J.P.NAGAR BENGALURU – 560 078. 4. SRI J.MANOJ KUMAR S/O LATE JAGADISH KUMAR AGED ABOUT 38 YEARS, (CORRECT AGE 30 YEARS) RESIDING AT NO.1332, SARAKKI I PHASE, J.P.NAGAR BENGALURU – 560 078. 5. H.HARSHITHA (HER CORRECT NAME IS J.HARSHITHA) D/O LATE JAGADISH KUMAR AGED ABOUT 30 YEARS, (CORRECT AGE 24 YEARS) RESIDING AT NO.1332, SARAKKI I PHASE, J.P.NAGAR BENGALURU – 560 078. ...PETITIONERS (BY SRI K.K.VASANTH, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:29898 WP No. 24784 of 2024 AND: 1. SMT. PADMAVATHI W/O S.JAGADISH KUMAR AGED ABOUT 55 YEARS 2. MISS.NITHYASHREE D/O S.JAGADISH KUMAR AGED ABOUT 35 YEARS RESPONDENT NO.1 AND 2 ARE RESIDING AT NO.21/1, NANDANAVANAM C STREET, JOGUPALYA, ULSOOR BENGALURU – 560 008. SMT.RUKMINI D/O LATE P.SIDDAPPA W/O SRI RAMACHANDRA SINCE DECEASED BY HER LR’S 3. SRI M.RAMACHANDRA S/O LATE MUNIVEERAPPA AGED ABOUT 75 YEARS. 4. SRI M.R.SHIVAPRASAD S/O M.RAMACHANDRA AGED ABOUT 48 YEARS. 5. SRI M.R.VISHNU PRASAD S/O M.RAMACHANDRA AGED ABOUT 41 YEARS THE RESPONDENTS 3 TO 5 ARE RESIDING AT NO. 629/A, - 4 - HC-KAR NC: 2025:KHC:29898 WP No. 24784 of 2024 17TH CROSS, 5TH MAIN ROAD, 2ND STAGE, INDIRANAGAR, BENGALURU – 560 008. SMT.JAYAMMA W/O P.SIDDAPPA SINCE DECEASED BY HER LR’S VIZ., PETITIONERS 1 TO 5 AND RESPONDENTS 1 TO 8 (JAYAMMA DIED ON 18.11.2008) SRI JAGADISH KUMAR S/O LATE P. SIDDAPPA SINCE DECEASED BY HIS LR’S PETITIONERS NO.4 AND 5 AND RESPONDENTS NO.1 AND 2 (JAGADISH KUMAR DIED ON 09.10.2002) SMT.VASANTHA (VASANTHA KUMARI) D/O LATE P.SIDDAPPA W/O LATE VEERANNA. ...RESPONDENTS (BY SRI P.D.SURANA, ADVOCATE FOR C/R-1 AND R-2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH / SET ASIDE THE ORDER DATED 02/09/2024 PASSED ON THE IA NO. 17 TO 19 FILED BY THE PETITIONERS UNDER SECTION 151 OF CPC, UNDER ORDER VIII RULE 1(3) OF CPC AND ORDER 18 RULE 17 R/W SECTION 151 OF CPC RESPECTIVELY IN FDP NO.82/2020 ON THE FILE OF I - 5 - HC-KAR NC: 2025:KHC:29898 WP No. 24784 of 2024 ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, CCH-2, VIDE ANNEXURE-J AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question an order dated 02-9-2024 passed by the I Additional City Civil & Sessions Judge, Bengaluru in rejecting the applications filed by the petitioners under Order VIII Rule 1(3) of the CPC and under Order XVIII Rule 17 of the CPC in FDP 82 of 2020 seeking production of documents and recall of RW1 for further examination. 2. Heard Sri K K Vasanth, learned counsel appearing for petitioners and Sri P D Surana, learned counsel appearing for caveator/respondents 1 and 2. - 6 - HC-KAR NC: 2025:KHC:29898 WP No. 24784 of 2024 3. The petitioners are the respondents. The proceedings are pending in FDP 82 of 2020. In the proceedings, petitioners 1 to 3 represented by the SPA holder files applications in I.A.Nos.17 to 19 seeking production of documents and recall of RW1 for further examination. The concerned Court, by the order impugned, has rejected the said applications, the rejection of which, has driven the petitioners to this Court to subject petition. 4. The learned counsel appearing for the petitioners submits that if one opportunity is granted on a particular day fixed by the concerned Court, the examination would get concluded and they would not seek any further adjournment. 5. The learned counsel Sri P D Surana, appearing for the respondents would accept the same, but would seek leave of this Court to file an application seeking appointment of a Court Commissioner before the concerned Court. 6. In the light of the consensus with regard to the examination of R.W.1, I deem it appropriate to dispose the - 7 - HC-KAR NC: 2025:KHC:29898 WP No. 24784 of 2024 petition with a direction to the concerned Court to fix a date for examination of RW1 and conclude the examination on the said date. It is made clear that this would be the last straw of opportunity to the petitioners seeking examination or otherwise of RW1 in the subject FDP. 7. For the aforesaid reasons, the following: ORDER (i) Writ Petition is disposed. (ii) Impugned order dated 02.09.2024 passed by the I Additional City Civil & Sessions Judge, Bengaluru on I.A.Nos.17 to 19 stands quashed. (iii) The petitioners are permitted to examine RW 1 and complete their examination on a particular day fixed by the concerned Court. (iv) It is made clear that no further opportunity would be granted to the petitioners to file identical applications, now filed before the concerned Court. (v) The respondents are also at liberty to file an application seeking appointment of a Court Commissioner before the concerned Court, as the same is filed before this Court and for the purpose for which it is filed before this Court and the - 8 - HC-KAR NC: 2025:KHC:29898 WP No. 24784 of 2024 concerned Court shall consider the said application on its merit and pass necessary orders in accordance with law. Consequently, pending applications also stand disposed. SD/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 0