- 1 - HC-KAR NC: 2026:KHC:9660 WP No. 24292 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24292 OF 2025 (GM-CPC) BETWEEN: 1. SRI H S BALASUBRAMANYA SON OF LATE SRI SHAMANNA AGED ABOUT 56 YEARS RESENTLY RESIDING AT NO.195 GARAKARALLA STREET OLD MYSORE BANK ROAD CHICKBALLAPUR TOWN 562 101 CHICKBALLAPUR DISTRICT MOBILE NO. 9741416487 WAS EARLIER RESIDING AT NO.46, 1ST ALLOTMENT MARUTHINAGARA, YELAHANKA BENGALURU 560 064 2. SMT ALUMELAMMA D/OF LATE SRI SHAMANNA WIFE OF SRI SUBBARAO AGED ABOUT 60 YEARS PRESENTLY RESIDING AT NO.185 3RD CROSS, KAPILANADI ROAD YADIYURAPPA NAGARA SINGANAYAKANAHALLI POST YELAHANKA TALUK, BENGALURU 560 064 MOBILE NO. 79963 46136 EARLIER RESIDING AT RAJANUKUNTE, BENGALURU …PETITIONERS (BY SRI. JAYA SIMHA N S., ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9660 WP No. 24292 of 2025 AND: 1. SMT. VASUNDARA W/OF LATE SRI H.S. SURYANARAYANA RAO AGED ABOUT 77 YEARS R/AT NO.34, GREEN BANKS VAJRAMUNI MAIN ROAD LALBAHADDUR SHASTRI NAGAR (EARLIER ANJANAPURA) BENGALURU 560 062 2. SRI RAJESH SON OF LATE SRI H.S. SURYANARAYANA RAO AGED ABOUT 54 YEARS R/ AT NO.34, GREEN BANKS VAJRAMUNI MAIN ROAD LALBAHADDUR SHASTRI NAGAR (EARLIER ANJANAPURA) BENGALURU 560 062 3. SRI SANJAY SON OF LATE H.S. SURYANARAYANA RAO AGED ABOUT 50 YEARS R/ AT NO.34, GREEN BANKS VAJRAMUNI MAIN ROAD LALBAHADDUR SHASTRI NAGAR (EARLIER ANJANAPURA) BENGALURU 560 062 4. SRI H.S. RAMESH SON OF LATE SUBBA RAO AGED ABOUT 75 YEARS RESIDING AT NO.522, 1ST SECTOR 29TH MAIN, 10TH A-CROSS, HSR LAYOUT NEAR REEBOK SHOW ROOM BENGALURU 560102 SRI H.S. NAGARAJ SON OF LATE SUBBA RAO AGED ABOUT 73 YEARS R/AT NO.648, 1ST FLOOR 2ND MAIN, 2ND STAGE, - 3 - HC-KAR NC: 2026:KHC:9660 WP No. 24292 of 2025 M- BLOCK KUVEMPUNAGAR, MYSORE 570 023 SINCE DEAD BY LRS 5. SMT VIJAYALAXMI WIFE OF LATE H.S. NAGARAJ AGED ABOUT 72 YEARS RESIDING AT NO.648, 1ST FLOOR 2ND MAIN, 2ND STAGE, M- BLOCK KUVEMPUNAGAR, MYSORE 570 023 6. DR VIKRAM N. VASHIST SON OF LATE H.S. NAGARAJ AGED ABOUT 45 YEARS R/AT NO.648, 1ST FLOOR 2ND MAIN, 2ND STAGE, M- BLOCK KUVEMPUNAGAR, MYSORE 570 023 5 AND 6 ARE ALSO AT C/O DR VIKRAM N. VASHIST 1ST FLOOR, NORTH TOWN ON THE MALL 280 FLINDER'S STREET TOWNSVILLE CITY QLD 4810, AUSTRALIA 7. SRI H.S. RAVEENDRA SON OF LATE SUBBA RAO AGED ABOUT 66 YEARS R/AT MODEL HOUSE STREET 2ND CROSS, BASAVANAGUDI BENGALURU – 560 004 8. SMT GAYATHRI WIFE OF LATE H.S. JAGADEESH AGED ABOUT 62 YEARS R/AT FLAT NO.403, 3RD FLOOR LAKSHMINARASIMHA ENCLAVE VEERANJINEYA TEMPLE ROAD OPP. VAISHNAVI THEATER NEAR NEW MILLENNIUM SCHOOL SUBRAMANYAPURA MAIN ROAD UTTARAHALLI, BENGALURU SOUTH 560 061 - 4 - HC-KAR NC: 2026:KHC:9660 WP No. 24292 of 2025 9. SMT NEHA D/OF LATE H.S. JAGHADEESH AGED ABOUT 33 YEARS R/AT FLAT NO.403, 3RD FLOOR LAKSHMINARASIMHA ENCLAVE VEERANJINEYA TEMPLE ROAD OPP. VAISHNAVI THEATER NEAR NEW MILLENNIUM SCHOOL SUBRAMANYAPURA MAIN ROAD UTTARAHALLI, BENGALURU SOUTH 560 061 10. SMT SHANTHA DAUGHTER OF LATE SUBBARAO WIFE OF LATE KRISHNAMURTHY R/AT FLAT NO.403, 3RD FLOOR LAKSHMINARASIMHA ENCLAVE VEERANJINEYA TEMPLE ROAD OPP. VAISHNAVI THEATER NEAR NEW MILLENNIUM SCHOOL SUBRAMANYAPURA MAIN ROAD UTTARAHALLI, BENGALURU SOUTH 560 061 11. SMT GEETHA D/OF LATE SUBBARAO WIFE OF LATE NARASIMHAMURTHY AGED ABOUT 74 YEARS R/AT BTM LAYOUT BENGALURU – 560 003 12. SMT SUDHA D/OF LATE SUBBARAO W/OF LATE KRISHNAMURTHY AGED ABOUT 70 YEARS R/AT UTTARAHALLI BENGALURU 560 061 13. SMT PADMA D/OF LATE SUBBARAO W/OF LATE PRASAD AGED ABOUT 62 YEARS R/AT NO.22, KUMBHA SHREE OPP.LAKSHMI TEMPLE NEAR PARK SQUARE (AV GROUP) 2ND CROSS, JP NAGAR, - 5 - HC-KAR NC: 2026:KHC:9660 WP No. 24292 of 2025 1ST PHASE SHAKAMBARI NAGAR, C.R. LAYOUT BETWEEN SANGAM CIRCLE ROAD AND SARAKKI ROAD, BENGALURU 560 078 14. SMT LALITHA D/OF LATE SUBBARAO W/OF NAGESH AGED ABOUT 60 YEARS R/AT HSR LAYOUT BENGALURU 560102 SMT CHAYAKKA DAUGHTER OF LATE VASUDEVAIAH W/OF LATE SHAMASHASTRY AGED ABOUT 99 YEARS R/AT CHAYA NIVAS NEAR JUST BAKE C/O H.S. BALAKRISHNA (LECTURER) NO.340, 11TH A-CROSS, 2ND PHASE J.P. NAGAR, BENGALURU SINCE DECEASED BY LRS 15. SMT ANNAPURNA SON OF LATE CHAYAKKA AGED ABOUT 85 YEARS R/AT C/O VISHWANATH JALAHALLI, NEAR AYYAPPA SWAMY TEMPLE BENGALURU 16. SMT GAYATHRI D/OF LATE CHAYAKKA AGED ABOUT 77 YEARS R/AT BANNERGHATTA ROAD BENGALURU560 083 17. SMT SHARADA DAUGHTER OF LATE CHAYAKKA W/OF JAIKUMAR AGED ABOUT 74 YEARS R/AT NO.118/14, 3RD CROSS HMT LAYOUT MATHIKERE BENGALURU 560 054 18. SMT SREELAXMI DAUGHTER OF LATE CHAYAKKA AGED ABOUT 70 YEARS R/AT MAHALAXMI LAYOUT BENGALURU – 560 086 - 6 - HC-KAR NC: 2026:KHC:9660 WP No. 24292 of 2025 19. SRI BALAKRISHNA SON OF LATE CHAYAKKA AGED ABOUT 66 YEARS R/AT CHAYA NIVAS NEAR JUST BAKE, J.P.NAGAR, BENGALURU 560 078 20. SRI KRISHNAMURTHY SON OF LATE SHARADAMMA AND LATE NANJUNDASWAMY AGED ABOUT 80 YEARS R/AT NO.911, 9TH CROSS 9TH MAIN RAGHAVENDRA TEMPLE ROAD BEML LAYOUT, RAJARAJESHWARI NAGAR BENGALURU 560 098 21. SRI NAGARAJU SON OF LATE SHARADAMMA AND LATE NANJUNDASWAMY AGED ABOUT 72 YEARS R/ AT 8TH MAIN, CHAMARAJAPETE, BENGALURU 560 098 22. SMT VIJAYA D/OF LATE SHARADAMMA AND LATE NANJUNDASWAMY AGED ABOUT 66 YEARS R/AT KAILAS APARTMENT 9TH MAIN, RAGHAVENDRA TEMPLE ROAD BEML LAYOUT, RAJARAJESHWARI NAGAR BENGALURU 560 098 23. SRI GURUPRASAD SON OF LATE SHARADAMMA AND LATE NANJUNDASWAMY AGED ABOUT 66 YEARS R/ AT KAILAS APARTMENT 9TH CROSS, MALLESHWARAM BENGALURU 560 003 24. SMT KALAVATHI DAUGHTER OF LATE SHARADAMMA AND LATE NANJUNDASWAMY WIFE OF ADI NARAYANA - 7 - HC-KAR NC: 2026:KHC:9660 WP No. 24292 of 2025 R/AT NO.911, 9TH CROSS 9TH MAIN, RAGHAVENDRA TEMPLE ROAD BEML LAYOUT, RAJARAJESHWARI NAGAR BENGALURU 560 098 25. SMT MEENAKSHI DAUGHTER OF LATE SHARADAMMA AND LATE NANJUNDASWAMY AGED ABOUT 60 YEARS RESIDING AT NO.24, 17TH CROSS SIDDA ASHRAMA ROAD MALLESHWARAM, BENGALURU 560 003 26. SMT N. YESHODAMMA WIFE OF LATE G. RANGASWAMY AGED ABOUT 60 YEARS RESIDING AT NO.104, 33RD CROSS NARASIMHASWAMY BADAVANE NANDINI LAYOUT BENGALURU 560 096 27. SMT MUNIRATHNA. R DAUGHTER OF LATE G. RANGASWAMY WIFE OF N.R. RANGANATH AGED ABOUT 50 YEARS RESIDING AT NO.10, 3RD FLOOR 3RD CROSS, PIPELINE ROAD YESHWANTHAPURA CIRCLE BENGALURU 560 022 28. SMT JAMUNA.R WIFE OF KRISHNAMURTHY T.N DAUGHTER OF LATE G. RANGASWAMY AGED ABOUT 47 YEARS RESIDING AT DECCAN HOSPITAL ROAD ASHWINI BADAWANE, CHINTAMANI TOWN CHIKKABALLAPUR DISTRICT – 563 125 29. SMT HEMALATHA.R WIFE OF HARIKRISHNA. P DAUGHTER OF LATE G. RANGASWAMY AGED ABOUT 46 YEARS RESIDING AT NO.7/8, 1ST CROSS 2ND MAIN, JAI MARUTHI NAGAR - 8 - HC-KAR NC: 2026:KHC:9660 WP No. 24292 of 2025 NANDINI LAYOUT, BENGALURU 560 096 30. SMT MAMATHA. R WIFE OF NAGARAJA.R DAUGHTER OF LATE G. RANGASWAMY AGED ABOUT 44 YEARS R/AT NO.16/17 THUNGANAGAR MAIN ROAD VISHWANEEDAM POST, BENGALURU 560 091 31. MS. GEETHA.R DAUGHTER OF LATE G. RANGASWAMY AGED ABOUT 41 YEARS RESIDING AT NO.104, 33RD MAIN ROAD NANDINI LAYOUT, BENGALURU 560 096 32. MS. SHWETHA.R DAUGHTER OF LATE G. RANGASWAMY AGED ABOUT 39 YEARS RESIDING AT NO.104, 33RD MAIN ROAD NANDINI LAYOUT BENGALURU 560 096 33. SRI MOHAN KUMAR.R SON OF LATE G. RANGASWAMY AGED ABOUT 38 YEARS RESIDING AT NO.104, 33RD MAIN ROAD NANDINI LAYOUT BENGALURU 560 096 34. SRI MANJUSH.R SON OF LATE G. RANGASWAMY AGED ABOUT 36 YEARS RESIDING AT NO.104, 33RD MAIN ROAD NANDINI LAYOUT, BENGALURU 560 096 35. SMT M. CHAMPAKAVATI WIFE OF LATE G. RANGASWAMY DAUGHTER OF SRI MUNIVENKATAPPA AGED ABOUT 58 YEARS RESIDING AT NO.91/27, 7TH CROSS 9TH MAIN ROAD, - 9 - HC-KAR NC: 2026:KHC:9660 WP No. 24292 of 2025 DWARAKANAGAR HOSKEREHALLI, BANASHANKARI 3RD STAGE BENGALURU 560 085, MOB 8971830362. 36. SRI KUMARASWAMY SON OF LATE RANGASWAMY AND SMT CHAMPAKAVATI AGED ABOUT 38 YEARS R/AT NO.91/27, 7TH CROSS 9TH MAIN ROAD, DWARAKANAGAR HOSKEREHALLI, BANASHANKARI 3RD STAGE BENGALURU 560 085 37. SRI H.S. SATHYANARAYANA RAO SON OF LATE SRI SHAMANNA AGED ABOUT 68 YEARS RESIDING AT NO.46, 1ST ALLOTMENT MARUTHI NAGAR, YELAHANKA BENGALURU 560 064 MOBILE NO. 94825 18839 38. SMT NAGARATHNA DAUGHTER OF LATE SRI SHAMANNA WIFE OF SRI RAMACHANDRA AGED ABOUT 70 YEARS PRESENTLY RESIDING AT NO.670 10TH MAIN, 4TH CROSS, JP NAGARA, MYSURU MOBILE NO. 94811 56256 EARLIER R/AT RAJANUKUNTE BENGALURU MOBILE NO. 94811 56256 39. SMT SARASWATHAMMA WIFE OF LATE SRI SHAMANNA AGED ABOUT 87 YEARS RESIDING NO.46, 1ST ALLOTMENT MARUTHINAGARA, YELAHANKA BENGALURU 560 064 …RESPONDENTS (VIDE ORDER DATED 28.08.2025, NOTICE TO R1 TO R34, R37 AND R38 IS DISPENSED WITH; R35 AND R36 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO -(A) ALLOW THE ABOVE - 10 - HC-KAR NC: 2026:KHC:9660 WP No. 24292 of 2025 WRIT PETITION.(B) QUASHING THE IMPUGNED ORDERS DATED 19/07/2025, AS CONTAINED IN ANNEXURE- A, PASSED BY THE HONBLE ADDITIONAL SENIOR CIVIL JUDGE AT DODDABALLAPUR, IN OS. NO.288 OF 2012, DISMISSING UNNUMBERED THREE I.AS DATED 09/04/2025 FILED UNDER ORDER 7 RULE 14 (3) SECTION 151, AND ORDER 18 RULE 17 OF THE CODE OF CIVIL PROCEDURE, AS CONTAINED IN ANNEXURES- G, G-1 AND G-2, RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by plaintiff in O.S.No.288/2012 are directed against the impugned order dated 19.07.2025, whereby the application filed by the petitioner for production of documents, reopening of the case and for recall of PW-1 for further evidence was rejected by the trial Court. 2. Heard learned counsel for the petitioners and perused the material on record. Though respondent Nos.35 and 36 are served with notice, they have remained absent and unrepresented. 3. A perusal of the material on record will indicate that in the aforesaid suit, the petitioners examined plaintiff No.1 as PW-1 and was cross examined by the defendants. Before commencement of defendants' evidence, the petitioner filed the - 11 - HC-KAR NC: 2026:KHC:9660 WP No. 24292 of 2025 instant application seeking permission to adduce further oral and documentary evidence by recalling PW-1. The trial Court proceeded to pass the impugned order rejecting the application on the ground that there were directions issued by this Court in W.P.No.26280/2024 dated 19.12.2024 for expeditious disposal of the petition. 4. In my considered opinion, having regard to the fact that the proposed additional evidence of the plaintiffs is relevant and material for the purpose of adjudication of the issues in controversy between the parties, I deem it just and appropriate to adopt justice oriented approach and set aside the impugned order and allow the application filed by the petitioners by issuing certain directions. 5. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 19.07.2025 in O.S.No.288/2012 on the file of the Additional Senior Civil Judge, Doddaballapur, is hereby set aside. - 12 - HC-KAR NC: 2026:KHC:9660 WP No. 24292 of 2025 iii) Applications under Order 7 Rule 14, Section 151 and 18 Rule 17 CPC filed by the petitioners is allowed subject to the condition that the petitioners shall proceed with further evidence on any date to be fixed by the trial Court. iv) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 22