- 1 - HC-KAR NC: 2026:KHC:10823 WP No. 2412 of 2026 C/W WP No. 3792 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.2412 OF 2026 (GM-CPC) C/W WRIT PETITION NO.3792 OF 2026 (GM-CPC) IN W.P.No.2412/2026 BETWEEN: 1. SMT. M.N. SUJAISHREE @ SUJAISHREE SUMANTH AGED ABOUT 58 YEARS, W/O. B.H. SUMANTH, R/AT FLAT NO.503, 6TH FLOOR, BRINDAVANA MANSION, NO.00, BULL TEMPLE ROAD, BASAVANAGUDI, BANGALORE-560 019. …PETITIONER (BY SRI. B.N. ANANTHA NARAYANA, ADVOCATE) AND: 1. SMT. M.N. VEENA @ VEENA SRINIVAS AGED 60 YEARS, W/O. S.A. SRINIVAS, R/AT. NO.6, 4TH MAIN ROAD, JAYAMAHAL EXTENSION, BANGALORE-560 046. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10823 WP No. 2412 of 2026 C/W WP No. 3792 of 2026 2. M.T. NARAYANA GOWDA, AGED 92 YEARS, S/O. LATE THAMMANNA GOWDA @ @ KANCHI GOWDA, R/AT. NO.6, 4TH MAIN ROAD, JAYAMAHAL EXTENSION, BANGALORE-560 046 SINCE DECEASED BY LRS. SMT. SHARADAMMA @ SHARADA GOWDA, AGED 82 YEARS, W/O. M.T. NARAYANA GOWDA, R/AT. NO.6, 4TH MAIN ROAD, JAYAMAHAL EXTENSION, BANGALORE-560 046. 3. SMT. VANITHA GOWDA @ M.N. VANITHA GOWDA, AGED 52 YEARS, W/O. SUKESH NAGARAJ, R/AT. NO.6, 4TH MAIN ROAD, JAYAMAHAL EXTENSION, BANGALORE-560 046. 4. THE MANAGER CANARA BANK NANDIDURGA ROAD BRANCH BENGALURU. AMENDED VIDE COURT ORDER DATED 16.02.2026. …RESPONDENTS (BY SRI. FAZIL AHMED, ADVOCATE FOR C/R.1 AND ALSO FOR R.2 AND R.3; SRI VIGNESH SHETTY, ADVOCATE FOR R.4.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE AND QUASH THE ORDER DATED 27-11-2025 PASSED ON I.A.NO.14 FILED UNDER ORDER XVI RULES 1, 2 AND 7 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE AND THE ORDER DATED 27-11-2015 PASSED ON I.A.NO.15 FILED UNDER ORDER XVIII RULE 3(A) READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE IN O.S.NO.89/2018 PENDING ON THE FILE - 3 - HC-KAR NC: 2026:KHC:10823 WP No. 2412 of 2026 C/W WP No. 3792 of 2026 OF THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AT CHANNAPATNA AS PER ANNEXURE-J, ETC. IN W.P.NO.3792/2026 BETWEEN: 1. SMT. M.N. SUJAISHREE @ SUJAISHREE SUMANTH, AGED ABOUT 58 YEARS, W/O. B.H. SUMANTH, R/AT FLAT NO.503, 6TH FLOOR, BRINDAVANA MANSION, NO.100, BULL TEMPLE ROAD, BASAVANAGUDI, BANGALORE-560 019. ...PETITIONER (BY SRI. B.N. ANANTHA NARAYANA, ADVOCATE) AND: 1. SMT. M.N. VEENA @ VEENA SRINIVAS, AGED 60 YEARS, W/O. S.A. SRINIVAS, R/AT NO.6, 4TH MAIN ROAD, JAYAMAHAL EXTENSION, BANGALORE-560 046. 2. M.T. NARAYANA GOWDA, AGED 92 YEARS, S/O. LATE THAMMANNA GOWDA @ @ KANCHI GOWDA, R/AT NO.6, 4TH MAIN ROAD, JAYAMAHAL EXTENSION, BANGALORE-560046 SINCE DECEASED BY LRS SMT. SHARADAMMA @ SHARADA GOWDA, AGED 82 YEARS, W/O. M.T. NARAYANA GOWDA, R/AT NO.6, 4TH MAIN ROAD, - 4 - HC-KAR NC: 2026:KHC:10823 WP No. 2412 of 2026 C/W WP No. 3792 of 2026 JAYAMAHAL EXTENSION, BANGALORE-560046. 3. SMT. VANITHA GOWDA @ M.N. VANITHA GOWDA, AGED 52 YEARS, W/O. SUKESH NAGARAJ, R/AT NO.6, 4TH MAIN ROAD, JAYAMAHAL EXTENSION, BANGALORE-560 046. 4. THE MANAGER CANARA BANK NANDIDURGA ROAD BRANCH BENGALURU. AMENDEN VIDE COURT ORDER DATED 16.02.2026. ...RESPONDENTS (BY SRI. FAZIL AHMED, ADVOCATE FOR R.1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE AND QUASH THE ORDER DATED 27-11-2025 PASSED ON I.A.NO.15 FILED UNDER ORDER XVIII RULE 3(A) AND 151 OF THE CODE OF CIVIL PROCEDURE IN O.S.NO.89/2018 PENDING ON THE FILE OF THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC., AT CHANNAPATNA AS PER ANNEXURE-J, ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:10823 WP No. 2412 of 2026 C/W WP No. 3792 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. Both these petitions arise out of a suit in O.S.No.89/2018 pending on the file of the Senior Civil Judge, JMFC, Channapatna. The petitioner in both the petitions is defendant No.3 in the said suit, which was filed by the respondent No.1 / plaintiff against the petitioner / defendant No.3, respondent No.2 / defendant No.2 and respondent No.3 / defendant No.4. It is a matter of record and an undisputed fact that respondent No.2 / defendant No.2 is the mother of the petitioner / defendant No.3, plaintiff / respondent No.1 and respondent No.3 / defendant No.4 in the aforesaid suit, which is one for partition and separate possession of the plaintiff's alleged share in the suit schedule immovable property and for other reliefs. 2. In the said suit, it is only the petitioner / defendant No.3 who is contesting the suit, while respondent Nos.2 and 3 / defendant Nos.2 and 4 are supporting the claim of the plaintiff. In addition to contesting the suit, petitioner / defendant No.3 has put forth the counter claim, which is also pending before the trial Court. - 6 - HC-KAR NC: 2026:KHC:10823 WP No. 2412 of 2026 C/W WP No. 3792 of 2026 3. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 4. A perusal of the material on record would indicate that after completion of plaintiff's evidence and before commencement of evidence of petitioner / defendant No.3, the petitioner filed an application-I.A.No.14 under Order 16 Rules 1, 2 and 7 read with Section 151 of the Code of Civil Procedure, seeking issuance of witness summons to the Manager, Canara Bank, Nandidurga Road Branch, Bangalore, to produce statements of account of Late Narayana Gowda and Smt.Sharada Gowda / defendant No.2. The petitioner / defendant No.3 also filed I.A.No.15 under Order XVIII Rule 3A read with Section 151 of the Code of Civil Procedure, 1908, seeking permission to examine the said Bank Manager and adduce his evidence before commencement of the evidence of the petitioner / defendant No.3. 5. The said application having been opposed by the plaintiff, the trial Court proceeded to pass the impugned order rejecting the applications, aggrieved by which, the petitioner is before this Court by way of the present petition. - 7 - HC-KAR NC: 2026:KHC:10823 WP No. 2412 of 2026 C/W WP No. 3792 of 2026 6. On the last date of hearing, learned counsel for the petitioner submitted that, if the Manager of Canara Bank, Nandidurga Road Branch, were to be impleaded as additional respondent No.4 to the present petition and directed to produce the account statements of Late Narayana Gowda and Smt.Sharada Gowda before this Court, the impugned order may be accordingly modified by issuing such directions to respondent No.4 to produce the said documents before the trial Court on the next date of hearing of the suit. Accordingly, this Court passed the following order on 16.02.2026, which is as under:- "Sri. Fazil Ahmed, learned counsel accepts notice for respondent Nos.1 to 3 in both petitions and seeks time to obtain instructions. Copies to be served. The petitioner is directed to implead the following party as additional respondent No.4 to both the petitions: The Manager, Canara Bank, Nandidurga Road Branch, Bengaluru. Learned counsel for the petitioner to amend the cause title in both petitions. - 8 - HC-KAR NC: 2026:KHC:10823 WP No. 2412 of 2026 C/W WP No. 3792 of 2026 Sri. Vignesh Shetty, learned counsel is directed to accept notice for respondent No.4 in both petitions. Copies to be served. Re-list on 21.02.2026. In the meanwhile, the Trial Court before whom O.S.No.89/2018 is posted on 17.02.2026, is directed to defer/adjourn the matter by a period of two weeks." 7. In pursuance of the same, Sri.Vignesh Shetty, learned counsel has entered appearance on behalf of respondent No.4 - Canara Bank and submits, on instructions, that the documents sought for in I.A.No.14 would be produced by respondent No.4 before the trial Court on the next date of hearing of the suit, which currently stands posted on 16.03.2026. 8. The details of the accounts maintained by Late Narayana Gowda and Smt.Sharada Gowda are as under:- "1. Narayana Gowda / Smt. Sharada Gowda S.B. A/c. No.0793101031528 For the period 01.04.2014 till date. 2. Narayana Gowda / Smt. Sharada Gowda S.B. A/c. No.0793101012638 For the period 01.04.2014 till date. 3. Smt. Sharada Gowda S.B. A/c. No.0793101012638 and S.B. A/c. No.0793101017877 - 9 - HC-KAR NC: 2026:KHC:10823 WP No. 2412 of 2026 C/W WP No. 3792 of 2026 For the period 01.04.2014 till date." 9. Learned counsel for the petitioner and learned counsel for respondent Nos.1, 2 and 3 jointly submits that if respondent No.4 - Canara Bank produces the said documents containing the account statements of Late Narayana Gowda and Smt.Sharada Gowda before the trial Court on 16.03.2026, the said documents may be marked as exhibits by consent of both sides leaving open all contentions regarding admissibility, proof, relevance, probative value etc., to be considered by the trial Court in accordance with law and reserving liberty in favour of respondent Nos.1 to 3 to cross-examine the petitioner / defendant no.3 after her examination-in-chief is completed before the trial Court. 10. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition by modifying the impugned order and by issuing certain directions. 11. In the result, I pass the following: ORDER i. The petition is hereby disposed of. ii. The impugned order dated 27.11.2025 passed in O.S. No.89/2018 on the file of the Senior Civil - 10 - HC-KAR NC: 2026:KHC:10823 WP No. 2412 of 2026 C/W WP No. 3792 of 2026 Judge and JMFC, Channapatna is hereby modified. iii. The 4th respondent-Bank is directed to produce the documents sought for in I.A.No.14 before the trial Court on 16.03.2026. On that day, the petitioner / defendant No.3 shall file her affidavit in lieu of examination-in-chief as DW-1 and mark documentary evidence in support of her defence. iv. In addition to marking documentary evidence in her defence during her further examination-in- chief after filing the affidavit in lieu of her examination-in-chief as stated supra, the documents produced by respondent No.4- Bank as stated supra would be marked by the trial Court as exhibits on behalf of the petitioner with consent of both sides by leaving open all contentions regarding admissibility, proof, relevance, probative value etc., to be decided by the trial Court after hearing all parties. v. After the completion of the evidence of the petitioner (DW-1), respondent Nos.1 to 3 would be at liberty to cross-examine DW-1 on all aspects, including the documents to be produced by 4th respondent-Bank. - 11 - HC-KAR NC: 2026:KHC:10823 WP No. 2412 of 2026 C/W WP No. 3792 of 2026 vi. Respondent Nos.1 to 3 shall also be entitle to adduce further oral and documentary evidence. vii. The trial Court is directed to comply with the aforesaid directions, proceed further in the matter and dispose of the suit in accordance with law within a period of six months from 16.03.2026. viii. All rival contentions between the parties are kept open and no opinion is expressed on the same. SD/- (S.R.KRISHNA KUMAR) JUDGE VMB List No.: 1 Sl No.: 26