- 1 - HC-KAR NC: 2026:KHC:9661 WP No. 196 of 2026 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. 196 OF 2026 (GM-CPC) BETWEEN: DR. M R PRASHANTH S/O SRI M.R. RAMESH AGED ABOUT 53 YEARS, RESIDING AT NO. 400, RAMAIYENGAR ROAD V.V. PURAM BANGALORE 560 004 ALSO AT, NO. 33 SANSKAR, 6TH B MAIN, GAURAV, NAGAR, JP NAGAR, 7TH PHASE, BENGALURU 560 078 …PETITIONER (BY SRI. RAMESH CHANDRA., ADVOCATE) AND: SRI. M R MOHAN RAO (SINCE DEAD) BY HIS LRS 1. SMT. LATHA MOHAN W/O LATE M.R. MOHAN RAO AGED ABOUT 75 YEARS R/ AT NO. 400, RAMA IYENGAR ROAD, V.V.PURAM BANGALORE-560 004 2. SMT. ASHWINI UDAY D/O LATE M.R. MOHAN RAO, AGED ABOUT 50 YEARS, R/AT-NO.1314, 6TH CROSS, 7TH MAIN, K.N.EXTENSION, YESHWANTHPURA, BANGALORE 560 022 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9661 WP No. 196 of 2026 3. SMT. ROOPA ARUN D/O LATE M.R. MOHAN RAO AGED ABOUT 47 YEARS R/AT NO.5/1, 4TH MAIN ROAD, TATA SILK FARM, BASAVANAGUDI BANGALORE 560 004 4. SRI. M.R. RAMESH S/O. LATE M. RAGHUNATH RAO AGED ABOUT 80 YEARS R/AT NO.400, RAMA IYENGAR ROAD V.V.PURAM BANGALORE-560 004 5. SRI.M. SRINIVASA RAO S/O. LATE .M.RAGHUNATH RAO AGED ABOUT 75 YEARS. 6. SMT. M. S. SHAKUNTALA RAO W/O. M. SRINIVASA RAO AGED ABOUT 68 YEARS BOTH RESPONDENT NO.5 & 6 ARE R/AT NO.45, THARA SUBBA RAO ROAD, HANUMANTHANAGAR, BANGALORE-560 050 7. SMT. SANDHYA D/O. LATE M.R. NAGARAJ W/O. ANJAN KUMAR AGED ABOUT 42 YEARS R/AT NO. 81, RAJARATHNA 3RD MAIN, 8TH CROSS, KOWDHENAHALLI NEW MANJUNATHA LAYOUT, RAMA MURTHY NAGAR, BANGALORE-560 016 8. SMT. SWARNA GOWRI W/O. K.N. SURESH D/O. LATE. M. RAGHUNATHA RAO AGED ABOUT 72 YEARS R/AT FLAT NO. G4A, AMARJYOTHI APARTMENTS, OPP. TO YADIYUR LAKE, BANGALORE-560 082 - 3 - HC-KAR NC: 2026:KHC:9661 WP No. 196 of 2026 9. SRI. GURURAJ MELMANI HUSBAND OF LATE SMT. LEELAVATHI S/O. LATE. NARAHARI RAO, AGED ABOUT 88 YEARS, RESIDING AT KAMALESHWARA, NIVAS SHREYAS COLONY, AAREY ROAD, GOREGON EAST, MUMBAI.400063, 10. SMT. M. SULOCHANA W/O. LATE. M.R. MANJUNATH AGED ABOUT 60 YEARS RESIDING AT NO. 400, RAMA IYENGAR ROAD, V.V. PURAM, BANGALORE-560004 11. SMT. GAYATHRI PADMANABH W/O. LATE ANANTHA PADMANABH AGED ABOUT 61 YEARS RESIDING AT NO. 400, RAMA IYENGAR ROAD, V.V. PURAM, BANGALORE-560004 12. SMT. R. VIJAYALAKSHMI D/O. NOT KNOWN AGED ABOUT 90 YEARS RESIDING AT NO. 15/1, JAIN TEMPLE STREET V. V. PURAM, BANGALORE-560004 13. SMT. TEJASWINI SRINIVAS W/O. SRINIVAS D/O. GURURAJ MELMANI, AGED ABOUT 66 YEARS, 695, SEETHANARAYAN 10TH CROSS, 3RD MAIN, K.R. PUARM, HASSAN-573201 14. SRI.HARISH.G.MELMANI S/O. SRI. GURURAJ MELMANI - 4 - HC-KAR NC: 2026:KHC:9661 WP No. 196 of 2026 AGED ABOUT 71 YEARS, DOOR NO. 1, KALMESHWAR NIVAS, SHREYAS COLONY, AAREY ROAD, GURGAON (E), MUMBAI-400 063 15. SRI. VINOD. G.MELMANI S/O. SRI. GURURAJ MELMANI AGED ABOUT 69 YEARS NADABRAHMA BAGESHREE CO-OPERATIVE SOCIETY LTD. FLAT NO.K 302, 3RD FLOOR ACHOLEGAON NALLASOPARA (E) THANE DIST. 401203 …RESPONDENTS (BY SRI.S.K.ACHARYA, ADVOCATE FOR R1 TO R3; VIDE ORDER DATED 20.01.2026, NOTICE TO R4 TO R15 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER IN OS NO.2055/2009 ON THE FILE OF THE XXXVII ADDITIONAL CITY CIVIL JUDGE SESSION ON JUDGE, BENGALURU AT BENGALURU CITY.CCH-39. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: 1. Issue a Writ of Certiorari or any other appropriate writ, order in O.S. No. 2055/2009 on the file of the XXXVIII Additional City Civil Judge session Judge, Bengaluru at Bangalore City.CCh-39, - 5 - HC-KAR NC: 2026:KHC:9661 WP No. 196 of 2026 a) Quash/set aside order on I.A No.2/24 Under order XXVI Rule 1,8 & 9 read with Section 151 of CPC. order dated 15th of July 2025, It is as per Annexure- A,. b) Quash/set aside orders on I. A No. 1/25 filed Under XLVII Rule 1 read with section 151 of CPC. order dated 6th of December 2025 is herewith produced as per Annexure-A1. 2. Grant such other relief or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice and equity. 3. Award costs of this petition in favor of the petitioner. 2. Heard learned counsel for the petitioner and learned counsel for respondent Nos.1 to 3 and perused the material on record. 3. A perusal of the material on record will indicate that the respondent Nos.1 to 3 instituted the aforesaid suit against the petitioner - defendant no. 2 and other defendants for partition and separate possession of their alleged share in the suit schedule immovable properties and for other reliefs. In the said suit after completion of plaintiff's evidence, the petitioner, who is defendant No.2 is residing in Singapore filed an application seeking - 6 - HC-KAR NC: 2026:KHC:9661 WP No. 196 of 2026 permission to examine himself via video conferencing. The said application was disposed of by the trial Court by directing the petitioner to be present physically on 06.08.2025. Aggrieved by the said order directing the petitioner to remain physically present on 06.08.2025, the petitioner filed an application to seeking review of the said order, which was also dismissed by the trial Court. Aggrieved by the impugned orders passed by the trial Court, directing the petitioner to appear physically and for the purpose of recording evidence, petitioner is before this Court by way of the present petition. 4. Learned counsel for the petitioner submits that the petitioner would be coming to India from Singapore on 31.03.2026 and be present before the Court physically on 31.03.2026 and the trial Court may be directed to prepone/advance the suit from 16.04.2026 to 31.03.2026 to enable recording of evidence of the petitioner physically before the trial Court. 5. Per contra, learned counsel for the respondent submits that he has no objection for the impugned orders to be set aside and a direction to be issued to the petitioner subject to the condition that the petitioner appears before the trial Court - 7 - HC-KAR NC: 2026:KHC:9661 WP No. 196 of 2026 physically on 31.03.2026 and tender himself for evidence and cross examination on 31.03.2026, without taking adjournment under any circumstances whatsoever. 6. The aforesaid joint submissions are placed on record. 7. In view of the aforesaid facts and circumstances and joint submission, the petition deserves to be disposed of by issuing certain directions. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The impugned order dated 15.07.2025 on I.A.No.2/2024 in O.S.No.2055/2009 on the file of XXXVIII Additional City Civil Judge and Sessions Judge, Bengaluru City – CCH-39, is hereby set aside. iii) The Trial Court is directed to pre-pone the matter from 16.04.2026 to 31.03.2026, in order to enable recording of evidence of the petitioner physically before the trial Court iv) Upon the petitioner appearing before the trial Court on 31.03.2026, the trial Court shall record the oral evidence of the - 8 - HC-KAR NC: 2026:KHC:9661 WP No. 196 of 2026 petitioner including examination in chief and cross-examination on 31.03.2026 and on any other date convenient to the trial Court and complete the evidence of the petitioner on or before 06.04.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 9