- 1 - HC-KAR NC: 2026:KHC:9657 WP No. 3326 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. 3326 OF 2025 (GM-CPC) BETWEEN: DR.C. RAMESH S/O LATE CHINNAPPA AGED ABOUT 59 YEARS, RESIDING AT F-14, FORTUNA ICON APARTMENT F BLOCK SAHAKARNAGARA BANGALORE- 560 092 …PETITIONER (BY SRI. G S VENKAT SUBBA RAO.,ADVOCATE) AND: 1. SMT. C BHAVANI @ HAMSA D/O LATE CHINNAPPA AGED ABOUT 46 YEARS, RESIDING AT NO.177, 8TH MAIN C Q A L LAYOUT, SAHAKARNAGAR BANGALORE- 560 092 2. SMT. RAJAMMA W/O LATE CHINNAPPA AGED ABOUT 80 YEARS, C/O SRI SAHAKAR REDDY RESIDING AT NO.4, 1ST FLOOR 4TH CROSS, G BLOCK, SAHAKARANAGAR, BANGALORE- 560092 3. SMT. S SRIMATHI D/O LATE CHINNAPPA Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9657 WP No. 3326 of 2025 W/O SRI THIMMAPPA AGED ABOUT 57 YEARS, RESIDING AT NO.7, 1ST CROSS, BEHIND DASAPPA HOUSE SAHAKARANAGAR, BANGALORE- 560 092 4. SRI C VENKATESH S/O LATE CHINNAPPA C/O SRI SHANKAR REDDY AGED ABOUT 52 YEARS, RESIDING AT NO.4, 1ST FLOOR 4TH CROSS, G BLOCK, SAHAKARANAGAR, BANGALORE- 560092 5. SRI C MANJUNATH S/O LATE CHINNAPPA AGED ABOUT 50 YEARS, RESIDING AT NO.58, 20TH MAIN 6TH CROSS G BLOCK, SAHAKARANAGAR, BANGALORE- 560 092 6. THE SUB REGISTER BANGALORE NORTH TALUK (PEENYA) NO.488, 2ND FLOOR KIADB BUILDING P BLOCK IV PHASE PEENYA II STAGE BENGALURU NORTH – 560 058 …RESPONDENTS (BY SRI.PRABHULING K. NAVADAGI, SR. COUNSEL FOR SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE FOR R1 VIDE ORDER DATED 05.02.2025 NOTICE TO R2 TO R5 IS DISPENSED WITH; SMT.V.HEMALATHA, AGA FOR R6) - 3 - HC-KAR NC: 2026:KHC:9657 WP No. 3326 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 PRAYING TO QUASH THE IMPUGNED ORDER DTD. 25.01.2025 PASSED ON IA NO. 17 FILED UNDER ORDER XVI RULE 1 AND 6 OF CPC BY THE XXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.NO. 2845/2018 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is directed against the impugned order dated 25.01.2025 passed on I.A.No.17 in O.S.No.2845/2018 by the XXXI Additional City Civil and Sessions Judge, Bengaluru, whereby the application filed by the petitioner under Order XVI Rules 1 and 6 to issue summons to the Sub-Registrar, Bengaluru North Taluk (Peenya), Bengaluru to produce all documents involved in the process of registration including Book No.3 in respect of the registered Will dated 25.06.1977 and to give evidence of the said document was rejected by the trial Court. 2. Heard learned counsel for the petitioner and Sri.Prabhuling Navadgi, learned Senior Counsel for respondent No.1, learned AGA for respondent No.6 and perused the material on record. - 4 - HC-KAR NC: 2026:KHC:9657 WP No. 3326 of 2025 3. When the matter was posted before this Court on 06.02.2026, the following order was passed: “Heard both sides. Petitioner is permitted to implead the following person as additional respondent No.6 to the present petition; The Sub Registrar, Bangalore North Taluk(Peenya) No.488, 2nd floor, KIADB building, ‘P’ Block, IV Phase, Peenya II Stage, Bangalore North, Bengaluru-560058. Learned AGA is directed to accept notice for additional impleaded respondent No.6. Copies to be served. Petitioner to carryout necessary amendment and file amended cause title by the next date of hearing. Learned AGA is directed to procure the following documents from the impleaded 6th respondent – Sub Registrar and produce the same before this Court by the next date of hearing; All the documents involved in the process of registration including Book-3 in respect of the document being registered Will dated 25/06/1977 - 5 - HC-KAR NC: 2026:KHC:9657 WP No. 3326 of 2025 registered as Document No.7 of 1977-78 at pages 174 to 178 of Book-3 in the office of the Sub Registrar, Bengaluru North Taluk. Re-list on 16.02.2026 at 2.30 p.m.” 4. In pursuance of the said order, Smt.Nagarathna, First Division Assistant, in the Office of Peenya Sub Registrar, Bengaluru, is physical present along with the original Book No.3 of the year 1977-78. Smt.Nagarathna, undertakes to appear before the trial Court on 26.02.2026 and produce the said documents along with certified copies for the purpose of the instant suit. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition by setting aside the impugned order dated 25.01.2025 and dispose of I.A.No.17 filed by the petitioner by issuing certain directions. 5. In the result, I pass the following: ORDER i) The petition is hereby disposed of. - 6 - HC-KAR NC: 2026:KHC:9657 WP No. 3326 of 2025 ii) The impugned order dated 25.01.2025 on I.A.No.17 in O.S.No.2845/2018 on the file of XXXI Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside. iii) I.A.No.17 under Order XVI Rules 1 and 6 of CPC filed by the petitioner is disposed of directing Smt.Nagarathna, First Division Assistant, Office of the Sub Registrar (Peenya), Bengaluru, to appear before the trial court on 26.02.2026 along with the original Book No.3 and certified copies of the portion of Book No.3 in relation to the alleged Will dated 25.06.1977. iv) Upon Smt.Nagarathna, appearing before the trial Court at 11.00 a.m. on 26.02.2026 and producing the said book, the trial Court is directed to mark the said document in evidence on behalf of the petitioner with the consent of both sides and after obtaining certified copies of the same, the original book shall be returned to Smt.Nagarathna immediately on the same day. v) The trial Court is directed to dispose of the suit on or before 30.04.2026. - 7 - HC-KAR NC: 2026:KHC:9657 WP No. 3326 of 2025 vi) 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.: 5 Sl No.: 9