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2026 DAILYLAW 16653 (KAR)

SRI. CHANNAPPA v. SMT. KAMALAMMA

WP/13312/2024 · 2026-03-02

H T Narendra Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:12536 WP No. 13312 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13312 OF 2024 (GM-CPC) BETWEEN: 1. SRI. CHANNAPPA S/O LATE CHANNAKRISHNAPPA AGED ABOUT 72 YEARS 2. SRI ANIL KUMAR S/O CHANNAPPA AGED ABOUT 34 YEARS 3. SRI UMESH S/O CHANNAPPA AGED ABOUT 32 YEARS 4. SRI ANJINAPPA S/O LATE CHANNAKRISHNAPPA AGED ABOUT 57 YEARS ALL ARE R/AT GOWDAHALLI VILLAGE MADHURE HOBLI, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 561203 …PETITIONERS (BY SMT. NAGARATHNA S K., ADVOCATE) AND: 1. SMT. KAMALAMMA W/O LATE MUNILAKSHMAIAH AGED ABOUT 68 YEARS 2. SRI SRINIVASA S/O LATE MUNILAKSHMAIAH AGED ABOUT 63 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12536 WP No. 13312 of 2024 3. SMT CHANDRAKALA D/O LATE MUNILAKSHMAIAH AGED ABOUT 60 YEARS 4. SMT MANGALAGOWRI D/O LATE MUNILAKSHMAIAH AGED ABOUT 55 YEARS 5. SRI LAKSHMINARAYANA S/O LATE MUNILAKSHMAIAH AGED ABOUT 53 YEARS 6. SRI VIJAYAKUMAR S/O LATE MUNILAKSHMAIAH AGED ABOUT 50 YEARS R1 TO R6 ARE R/ AT HOUSE NO 137/2 JALAHALLI VILLAGE, YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560022 7. SMT GOWRAMMA W/O APPAYYANNA AGED ABOUT 82 YEARS R/AT JINKE BACHAHALLI DODDA TUMKUR POST KASABA HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPUR ON I.A. XII UNDER ORDER 16 RULE 1 AND 6 OF CPC IN O.S.397/2013 DATED: 03.01.2024 VIDE ANNEXURE- E AND CONSEQUENTLY ALLOW THE SAID APPLICATION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2026:KHC:12536 WP No. 13312 of 2024 ORAL ORDER 1. In this writ petition, the petitioners have called in question the order dated 03.01.2024 passed by the Senior Civil Judge and JMFC, Doddaballapura, on IA No.XII filed under Order XVI Rule 1 and 6 of CPC in O.S.No.397/2013, whereby, the said application has been rejected. 2. The plaintiffs (respondents herein) filed O.S.No.397/2013 seeking relief of declaration. During the pendency of the suit, the defendants (petitioners herein) have filed I.A.No.XII under Order XVI Rule 1 and 6 of CPC with a prayer to call for the documents i.e., (1) original Agreement to Sell dated 15.09.1992 produced in O.S.No.420/2014 on the file of the Additional Civil Judge, Doddaballapura, (2) original Agreement to Sell dated 02.07.1992 and sale deed dated 28.07.2006 produced in O.S.No.419/2014 on the file of the Principal Civil Judge, Doddaballapura. The petitioners intend to confront the signatures of the plaintiffs during the course of evidence. - 4 - HC-KAR NC: 2026:KHC:12536 WP No. 13312 of 2024 3. It is not in dispute that the said documents were produced by the petitioners themselves in O.S.Nos.419/2014 and 420/2014. Therefore, it is always open to the petitioners to secure return of the said documents in accordance with law and produce them in the present suit, namely O.S.No.397/2013. In that view of the matter, there is no necessity to call for the original records from the said suits. The Trial Court has, therefore, rightly rejected the application. 4. Viewed from any angle, the impugned order does not suffer from any error, illegality warranting interference of this Court. 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 1