- 1 - HC-KAR NC: 2026:KHC:9986 WP No. 2176 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2176 OF 2026 (GM-CPC) BETWEEN: N S VISHWANATH S/O. LATE N. SIDDAIAH, AGED ABOUT 77 YEARS, R/AT NO.92 (EWS), FIRST FLOOR, 3RD CROSS, II STAGE, K.H.B. COLONY, A.D. HALLY, BENGALURU-560 079. MOB9141729174. …PETITIONER (BY SRI. K. MANOHARACHARI.,ADVOCATE) AND: ZAMRUDH SHARIEFF S/O AHMED SHARIFF, AGED ABOUT 62 YEARS, R/AT NO.175, OPP KALASIPALYAM, POLICE SATION, NAWAB, HYDER ALIKHAN ROAD, KALASIPALYAM, BENGALURU-560 002. MOB9740294120. …RESPONDENT (BY SMT. RAJESHWARI M.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO(A) QUASH THE IMPUGNED ORDER DATED 05.01.2026 PASSED BY CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-40) IN IA NO.3/2025 FIELD BY THE PLAINTIFF UNDER SECTION 39 (1) OF BHARATIYA SAKSHYA ADHINIYAM, 2023 OF (BSA) ACT. THE COPY OF THE ORDER IS PRODUCED AT ANNEXURE-A. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9986 WP No. 2176 of 2026 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 by the plaintiff in O.S.No.3673/2022 is directed against the impugned order dated 05.01.2026 passed by the XXXIX Additional City Civil and Sessions Judge, (CCH-40), Bengaluru City (for short “the Trial Court”), whereby the application, I.A.No.3/2025 filed under Section 39(1) of the Bharatiya Sakshya Adhiniyama, 2003, to refer the disputed signatures of the respondent-defendant on the on-demand promissory note and consideration report at Exs.P-1 and 2 dated 25.02.2020 for comparison with his admitted signatures was rejected by the Trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that in the aforesaid suit filed by the petitioner-plaintiff against the respondent-defendant for recovery of a sum of Rs.20 Lakhs together with interest and for other reliefs. The petitioner produced - 3 - HC-KAR NC: 2026:KHC:9986 WP No. 2176 of 2026 the on-demand promissory note and consideration receipt at Exs.P-1 and 2 alleged to contain the signatures of the defendant. However, since the defendant denied his signature on the said documents at Exs.P-1 and 2, the petitioner filed the instant application seeking reference of the disputed signatures of the defendant found on Exs.P-1 and 2 for forensic examination by the handwriting expert. The said application having been opposed by the respondent, the Trial Court proceeded to reject the application only on the ground that there were no admitted signatures of the defendant available for the purpose of comparison with the disputed signatures of the defendant. 4. In this context it is pertinent to note that the Trial Court failed to consider and appreciate that the written statement, vakalath, affidavit etc. of the defendant contained his admitted signatures, which were readily available before the Trial Court and as such, it was permissible in law to send the said admitted signatures for comparison with the disputed signatures of the defendant on Exs.P-1 and 2 and failure to appreciate this by the Trial Court has resulted in an erroneous conclusion warranting interference by this Court in the present petition. - 4 - HC-KAR NC: 2026:KHC:9986 WP No. 2176 of 2026 5. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 05.01.2026 passed in O.S.No.3673/2022 on I.A.No.3/2025 by the XXXIX Additional City Civil and Sessions Judge, (CCH- 40), Bengaluru City, is hereby set aside. (iii) Consequently, I.A.No.3/2025 is allowed. (iv) The Trial Court is directed to refer the disputed signatures of the respondent-defendant on Exs.P-1 and 2 for comparison with the admitted signatures of the respondent-defendant on his written statement, vakalath and affidavit as sought for to M/s. Truth Labs, No.28/2, Second Floor, Siddapura, Whitefield Main Road, Bengaluru and to secure the report and proceed further, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 11