- 1 - HC-KAR NC: 2026:KHC:9695 WP No. 9031 of 2025 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. 9031 OF 2025 (GM-CPC) BETWEEN: LAKSHMAIAH DEAD BY LR’ 1. SMT. NARAYANAMMA W/O LATE LAKSHMAIAH, AGED ABOUT 65 YEARS, 2. SRI. ANAND @ ANAND KUMAR S/O LATE LAKSHMAIAH, AGED ABOUT 40 YEARS, BOTH ARE R/O DODDA IGGALURU VILLAGE, MASTHI HOBLI, MALUR TALUK KOLAR DISTRICT - 563 137. …PETITIONERS (BY SRI. ABHINAV RAMANAND.A, ADVOCATE) AND: 1. SMT. SHANTHAMMA W/O NAGARAJ, AGED ABOUT 69 YEARS, 2. SRI. N. SATHYA, S/O LATE NAGARAJ, AGED ABOUT 49 YEARS, 3. SMT. N. JAYALAKSHMI, D/O LATE NAGARAJ, AGED ABOUT 42 YEARS, ALL RE R/O MALUR TOWN MALUR, KOLAR DISTRICT- 563 137. …RESPONDENTS (BY SRI. A MADHUSUDHANA RAO, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9695 WP No. 9031 of 2025 THIS W.P IS FILED UNDER ARTICLES 227 OF THE CONSTITUITON OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10/02/2025, PASSED BY THE I ADDL. DISTRICT JUDGE AT KOLAR, ON IAs’ NO. 2, 5 AND 6 IN R.A. NO. 86/2021 AT ANNEXURE-J AND DISMISS IAs’ NO. 2, 5 AND 6, BY ALLOWING THE WP. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the petitioners - respondents in R.A.No.86/2021 on the file of I Addl.District Judge, Kolar, is directed against the impugned order dated 10.02.2025 passed on I.A.Nos.2, 5 and 6, whereby the said applications I.A.Nos. 2 and 5 filed by the appellants-respondents under Order 41 Rule 27 CPC for production of additional documents and I.A.No.6 filed under Order 6 Rule 17 CPC for amendment of the plaint were allowed by the 1st appellate court. 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that aggrieved by the judgment and decree dated 18.07.2011 passed in O.S.No.44/2011, dismissing the suit for declaration of title and - 3 - HC-KAR NC: 2026:KHC:9695 WP No. 9031 of 2025 permanent injunction, the respondents herein have filed the instant appeal. During the pendency of which, they filed three applications viz., I.A.Nos.2 and 5 under Order 41 Rule 27 CPC for production of additional documents and I.A.No.6 under Order 6 Rule 17 CPC for amendment of the plaint seeking alternative relief of recovery of possession and all the said applications having been heard together, the 1st appellate court proceeded to pass the impugned order, allowing all the three applications without disposing of the main appeal, which is contrary to the well settled principle of law governing disposal of the appeal on this short ground alone. Under these circumstances, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition by setting aside the impugned order and remitting the matter back to the 1st appellate court for reconsideration of the applications I.A.Nos.2, 5 and 6 afresh in accordance with law along with the main appeal. 4. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. - 4 - HC-KAR NC: 2026:KHC:9695 WP No. 9031 of 2025 (ii) The impugned order dated 10.02.2025 passed on I.A.Nos.2, 5 and 6 in R.A.No.86/2021 by the 1st appellate court is hereby set aside. (iii) The matter is remitted back to the 1st appellate court for reconsideration of I.A.Nos.2, 5 and 6 afresh in accordance with law along with main appeal within a period of three months from the date of receipt of a copy of this order. (iv) All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.