- 1 - HC-KAR NC: 2026:KHC:28329 W.P. No.6777/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.6777/2021 (GM-CPC) BETWEEN: 1. SRI. GANGBYRIAHA S/O LATE HUCCHAPPA AGED ABOUT 65 YEARS R/AT. AVVERAHALLI VILLAGE SINCE DECEASED, REP. BY HIS LEGAL REPRESENTATIVES. 1(a) 1(b) SRI. BYRAPPA S/O GANGBYRIAHA AGED ABOUT 65 YEARS. SRI. RANGASWAMY S/O GANGBYRIAHA AGED ABOUT 65 YEARS. ALL ARE R/AT. AVVERAHALLI SHIVANAPURA POST DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE-560021. 2. SRI. GANGIAHA S/O LATE GANGBYRIAHA AGED ABOUT 62 YEARS R/AT. AVVERAHALLI SHIVANAPURA POST DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE-560021. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28329 W.P. No.6777/2021 3. SRI. CHOWDAPPA SINCE DEAD REPRESENTED BY HIS LEGAL REPRESENTATIVES. 3(a) 3(b) SMT. SHARADA D/O LATE CHOWDAPPA AGED ABOUT 45 YEARS. SMT. MANJULA D/O LATE CHOWDAPPA AGED ABOUT 45 YEARS. ALL ARE R/AT. AVVERAHALLI SHIVANAPURA POST DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE-560021. 4. SMT. MUNILAKSHMAMMA D/O LATE GANGABYRAIAH W/O LATE NAGARAJ AGED ABOUT 39 YEARS R/A AVVERAHALLI, SHIVANAPURA POST DASANAPURA HOBLI BANGALORE SOUTH TALUK BANGALORE 560021. …PETITIONERS (BY SMT. SHWETHA RAVISHANKAR, ADV.,) AND: 1. SHRI. ARMUGAM S/O LATE KUPPAN MAJOR. 2. SMT. ANNIYAMMA W/O ARMUGAM MAJOR. - 3 - HC-KAR NC: 2026:KHC:28329 W.P. No.6777/2021 3. SHRI. A. JAYARAM S/O ARMUGAM MAJOR. 4. MS. ANAND GOWRI D/O ARMUGAM MAJOR. ALL ARE R/OF. KANIKILUPPAI VILLAGE CHEYYAR TALUK THIRUVANNAMALAI DISTRICT TAMIL NADU-606601. 5. SMT. SHARADA W/O R. KRISHNA MURTHY AGED ABOUT 59 YEARS R/AT. SHUBASHNAGAR NELAMANGALA TOWN BANGALORE RURAL DISTRICT-560010. REP. BY HER POWER OF ATTORNEY HOLDER SRI. M.V. KRISHNA MURTHY S/O LATE VEERAPPA AGED ABOUT 55 YEARS R/A NO.1173/B, 5TH MAIN ROAD A BLOCK, RAJAJINAGAR BANGALORE-560010. 6. SMT. K.V. SUBBAMMA W/O LATE NARAYANAPPA AGED ABOUT 80 YEARS R/A NO.205C/18, 14TH MAIN SUBRAMANYA NAGAR BANGALORE-560021. …RESPONDENTS (BY SRI. T. SESHAGIRI RAO, ADV., FOR R6 V/O/DTD:06.06.2025, R4 & R5 ARE SERVICE H/S V/O/DTD:11.06.2026, R1 TO R3 ARE DISMISSED) - 4 - HC-KAR NC: 2026:KHC:28329 W.P. No.6777/2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE SENIOR CIVIL JUDGE, NELAMANGALA, BENGALURU RURAL IN OS NO.34/2009 TO IMPLEMENT THE ORDER DTD 21.08.2014 PASSED ON IA NO.20, IN THE INTEREST OF JUSTICE AND EQUITY AS PER ANNX-A & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed seeking to issue writ in the nature of mandamus to the Senior Civil Judge, Nelamangala, (for short, ‘the trial Court’) to give effect to the order dated 21.08.2014 passed on I.A.No.20 in O.S.No.34/2009. 2. Smt.Shwetha Ravishankar, learned counsel appearing for the petitioners submits that the petitioners have filed a suit for specific performance. In the said suit, an application was filed for appointment of a Court Commissioner. The said application was allowed vide order dated 21.08.2014. However, the trial Court is not referring - 5 - HC-KAR NC: 2026:KHC:28329 W.P. No.6777/2021 the documents at Ex.P1 and Ex.D2. Hence, she seeks to issue necessary directions. 3. There is no representation on behalf of the respondent No.6. 4. I have heard the arguments of the learned counsel for the petitioners and perused the material available on record. 5. It is to be noticed that the petitioners have filed the suit in O.S.No.34/2009 against the respondents herein for the relief of specific performance of the contract and other reliefs. In the said suit, the petitioners-plaintiffs have filed an application under Order XXVI Rule 10A read with Section 151 of the Code of Civil Procedure, 1908, seeking prayer to appoint the handwriting expert in FSL Department to identify the signature of the defendant No.1 in the agreement of sale dated 15.02.1981 as well as the sale deed dated 14.10.1976. The trial Court vide order dated 21.08.2014 allowed the application and directed the - 6 - HC-KAR NC: 2026:KHC:28329 W.P. No.6777/2021 plaintiff and defendant No.6 to produce the originals of Ex.P1 and Ex.D2. 6. The contention of the learned counsel for the petitioners is that despite the order of the trial Court to refer the Exhibits in question for handwriting expert's opinion, the trial Court is not proceeded to implement the said order dated 21.08.2014. 7. It is to be noticed that the order dated 21.08.2014 has attained finality. When things stood thus, if the plaintiff and defendant No.6 have produced the originals of Ex.P1 and Ex.D2 before the trial Court, the trial Court shall immediately refer those documents to the FSL, Bengaluru, as ordered in the order dated 21.08.2014. 8. With the aforesaid observation, the writ petition is allowed in part. - 7 - HC-KAR NC: 2026:KHC:28329 W.P. No.6777/2021 9. The trial Court shall implement the order dated 21.08.2014 by referring the document at Ex.P1 and Ex.D2 to the handwriting expert as ordered. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 6