- 1 - HC-KAR NC: 2026:KHC:9987 WP No. 5004 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. 5004 OF 2026 (GM-CPC) BETWEEN: 1. SMT N K VISHALAKSHI WIFE OF KEMPARAJU K.L. AGED ABOUT 65 YEARS, HOSURU KALLAHALLI VILLAGE, KASABA HOBLI, K.R. NAGAR TALUK – 560 030 2. SMT. N.K. JAYAMMA, WIFE OF VISHAKANTA K. AGED ABOUT 63 YEARS, R/AT DOOR NO.5/B, KRS MAIN ROAD, METAGALLI, MYSORE TALUK - 570 016 …PETITIONERS (BY SRI. RUDRAPPA P., ADVOCATE) AND: 1. SMT N K POORNAVATHI WIFE OF LATE. KUMARASWAMY. AGED ABOUT 69 YEARS, 2. SRI N K GANGADHARAIAH SON OF LATE KEMPALINGAIAH. AGED ABOUT 67 YEARS, RESPONDENT NOS.1 AND 2 ARE R/AT NARAYANAPURA VILLAGE, KAGGERE POST, KASABA HOBLI K.R. NAGAR TALUK-560 030 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9987 WP No. 5004 of 2026 3. SMT. N.K. MOHANAKUMARI @ RANI WIFE OF GOVINDARAJU, AGED ABOUT 59 YEARS, HOSAKOTE VILLAGE,. THATTEKERE POST, HANAGODU HOBLI, HUNSUR TALUK-571 105 4. SMT. N.K. MEENAKSHI, WIFE OF B.S. PUTTARAJU, AGED ABOUT 57 YEARS, R/AT KAVIRATHNA KALIDASA ROAD, VIDYA NAGAR, WARD NO.16, K.R. NAGAR TOWN- 560 030 5. SMT. GEETHA, W/O LATE. N.K. VASANTHAKUMAR, A GED ABOUT 47 YEARS R/AT DOOR NO.317, BEHIND GANAPATHI TEMPLE, 19TH MAIN ROAD, 2ND STAGE, VIJANAYAGAR, MYSORE-570 017 6. KUM. GANASHREE, D/O LATE. N.K. VASANTHAKUMAR, AGED ABOUT 25 YEARS, 7. KUM DWITHI D/O LATE. N.K. VASANTHAKUMAR, AGED ABOUT 21 YEARS, RESPONDENT NO.6AND 7 ARE R/AT DOOR NO.317, BEHIND GANAPATHI TEMPLE, 19TH MAIN ROAD, 2ND STAGE, VIJANAYAGAR, MYSORE-570 017 8. SRI N K MANJUNATH SON OF LATE. KEMPALINGAIAH, AGED ABOUT 55 YEARS, R/AT WARD NO.17, NEAR GANAPATHI TEMPLE ROAD, KANAKA NAGAR, K.R. NAGAR TOWN – 560 030 …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:9987 WP No. 5004 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO(A) ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 09/12/2025 ALLOWED THE DEFENDANT NO.2/RESPONDENT NO.2 HEREIN TO MARK THE PARTITION DEED DATED 27/02/2018 AS EX- D1 ANNX-G IN O.S.NO. 11/2021 BY THE SENIOR CIVIL JUDGE AND JMFC KRISHNARAJANAGAR (PRODUCED AT ANNEXURE-H). 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 In this petition, the petitioners seek the following reliefs: “(a) Issue a writ of certiorari to quash the impugned order dated 09/12/2025 allowed the defendant No.2/respondent No.2 herein to mark the Partition deed dated 27/02/2018 as Ex.D1 in O.S.No.11/2021 by the Senior Civil Judge and JMFC Krishnarajanagar (produced at Annexure-H) (b) Pass such other order or reliefs as this Hon’ble Court deems fit to grant in the circumstances of the above case in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and perused the material on record. 3. Learned counsel for the petitioner submits that the petitioner is aggrieved by the impugned order marking the document styled as “Vibhaga Pathra” dated 27.02.2018 in evidence - 4 - HC-KAR NC: 2026:KHC:9987 WP No. 5004 of 2026 as Ex.D-1, without considering the objections raised by the petitioners. In this context it is pertinent to note that since the document has already been marked in evidence as Ex.D-1 by the respondents, suffice it to state that the present petition can be disposed of directing the Trial Court to consider all questions/issues pertaining to admissibility, proof, probative value, relevance etc., of the said document marked as Ex.D-1 at the time of final disposal of the suit. All rival contentions between the parties in this regard including the contentions in relation to admissibility, proof, probative value, relevance etc., of the said document at Ex.D-1 are kept open to be decided by the Trial Court at the time of final disposal of the suit and no opinion is expressed on the merits/demerits of the rival contentions. 4. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 16