- 1 - HC-KAR NC: 2026:KHC:26955 WP No. 14306 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14306 OF 2026 (GM-CPC) BETWEEN: 1. SRI. K.V. PUTTEGOWDA S/O LATE VENKATESHAPPA, AGED ABOUT 62 YEARS, 2. SRI. ANIL KUMAR P. S/O SRI. K.V. PUTTEGOWDA, AGED ABOUT 39 YEARS, BOTH ARE RESIDING AT NO.137, 1ST PHASE, NTI LAYOUT, RAJEEVGANDHI NAGAR, NEAR GANGA BOREWELL OFFICE, KODIGEHALLI, BENGALURU - 560 092. 3. SMT. ANITHA. P, W/O SRI. M.A. NANJEGOWDA, AGED ABOUT 45 YEARS, R/AT NO.728, RAMAMANDIR ROAD, KODIGEHALLI, SAHAKARA NAGAR POST, BENGALURU - 560 092. PETITIONER NO.1 AND 3 ARE REPRESENTED BY GPA HOLDER I.E., PETITIONER NO.2 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26955 WP No. 14306 of 2026 SRI.ANIL KUMAR.P, S/O SRI.K.V.PUTTEGOWDA, NO.137, 1ST PHASE, NTI LAYOUT, RAJEEVGANDHI NAGAR, NEAR GANGA BOREWELL OFFICE, KODIGEHALLI, BENGALURU - 560 092. …PETITIONERS (BY SRI. ROOPESHA B, ADVOCATE) AND: 1. MINISTRY OF COMMUNICATIONS EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD., REPRESENTED BY SECRETARY NO.419, 1ST FLOOR, 12TH CROSS ROAD, SADASHIVA NAGAR, BENGALURU - 560 080. (REGISTERED UNDER CO-OPERATIVE SOCIETYS ACT) 2. SMT. V. SRIMATHI BAI, W/O VIJANDRA RAO, AGED ABOUT 53 YEARS, R/AT NO.1883, 1ST MAIN, 20TH 'E' CROSS, 'C' BLOCK, SAHAKARANAGAR, BENGALURU - 560 092. 3. SMT. JAYALAKSHMAMMA, W/O GOPAL.H, AGED ABOUT 65 YEARS, R/AT NO.1884, 1ST MAIN, - 3 - HC-KAR NC: 2026:KHC:26955 WP No. 14306 of 2026 20TH E CROSS, 'C' BLOCK, SAHAKARANAGAR, BENGALURU - 560 092. 4. SRI. L.N. NAVEEN, S/O L.P. NARAYANA, AGED ABOUT 52 YEARS, R/AT NO.1884/1, 1ST MAIN, 20TH E CROSS, 'C' BLOCK, SAHAKARANAGAR, BENGALURU - 560 092. 5. SRI. M. NAGARAJA, S/O LATE MUNISWAMY, AGED ABOUT 57 YEARS, R/AT NO.1884/2, 1ST MAIN, 20TH E CROSS, 'C' BLOCK, SAHAKARANAGAR, BENGALURU - 560 092. 6. SRI. V.SRINIVAS, S/O LATE VENKATESHAPPA, AGED ABOUT 47 YEARS, R/AT NO.46, GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA HOBLI, BENGALURU - 560 064. 7. SMT. NAGAVENI @ NAGAMANI, W/O LATE HANUMEGOWDA, AGED ABOUT 43 YEARS, R/AT NO. 124, MARALENAHALLI VILLAGE, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT. - 4 - HC-KAR NC: 2026:KHC:26955 WP No. 14306 of 2026 8. SRI. V. VENKATEGOWDA, S/O LATE VENKATESHAPPA, AGED ABOUT 44 YEARS, R/AT C/O C. SWAMY BUILDING, 1ST FLOOR, NEAR NETHRAVATHI BAR, THINDLU MAIN ROAD, THINDLU VILLAGE, VIDYARANYAPURA POST, BANGALORE - 560 097. 9. SRI. N.VENKATEGOWDA, S/O LATE NANJEGOWDA, AGED ABOUT 83 YEARS, R/AT NO.1492, 1ST MAIN, 20TH E CROSS, NANJEGOWDA LAYOUT, 'C' BLOCK, SAHAKARANAGAR, BENGALURU - 560 092. SRI.N. RAMAIAH, S/O LATE NANJEGOWDA, SINCE DEAD ON 26/12/2022 BY HIS LRS. 10. SMT. YASHODHAMMA, W/O LATE SRI. N. RAMAIAH, AGED ABOUT 78 YEARS, 11. SRI. VENKATESH R, S/O LATE SRI. N. RAMAIAH, AGED ABOUT 59 YEARS, 12. SMT. R. SUMA, D/O LATE SRI. N. RAMAIAH, - 5 - HC-KAR NC: 2026:KHC:26955 WP No. 14306 of 2026 W/O A.R. PRAKASH, AGED ABOUT 57 YEARS, 13. SRI. KRISHNAMURTHY, S/O LATE SRI. N. RAMAIAH, AGED ABOUT 46 YEARS, PETITIONERS NO.10 TO 13 ARE RESIDING AT NO.1490, 1ST MAIN, 20TH E CROSS, NANJEGOWDA LAYOUT, 'C' BLOCK, SAHAKARANAGAR, BENGALURU - 560 092. 14. SRI. N. PUTTEGOWDA, S/O LATE NANJEGOWDA, AGED ABOUT 76 YEARS, R/AT NO.1491, 1ST MAIN, 20TH E CROSS, NANJEGOWDA LAYOUT, 'C' BLOCK SAHAKARANAGAR, BENGALURU - 560 092. 15. SRI. K.N. NARAYANASWAMY, S/O LATE NANJEGOWDA, AGED ABOUT 64 YEARS, R/AT NO. 1493, 1ST MAIN, 20TH E CROSS, NANJEGOWDA LAYOUT, 'C' BLOCK SAHAKARANAGAR, BENGALURU - 560 092. 16. DEPUTY DIRECTOR OF LAND RECORDS. DEPUTY COMMISSIONER OFFICE, BENGALURU URBAN DISTRICT, BENGALURU - 560 091. …RESPONDENTS - 6 - HC-KAR NC: 2026:KHC:26955 WP No. 14306 of 2026 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN OS NO. 3143/2018 PENDING BEFORE THE HONBLE XXXV ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU CCH-36 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on I.A. Nos. 22 to 24 dated 07.04.2026 in OS No. 3143 of 2018, passed by XXXV Additional City Civil and Sessions Judge, Bengaluru, the plaintiffs have filed a suit for declaration and mandatory injunction. The suit is filed in the year 2018. Now the present applications are filed by the plaintiffs under Order VII Rule 14 (a) of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC for short) to permit them to produce the documents that are 10 in number. 2. It is stated that the matter was posted on 04.02.2026 for further evidence of the plaintiffs. Relying on the plaint averments they have not produced the documents and are not marked. As the certified copies of the documents are - 7 - HC-KAR NC: 2026:KHC:26955 WP No. 14306 of 2026 very much necessary to prove the plaint averments, it is just and necessary to permit the plaintiffs to produce the documents and mark through them. Hence they have come up with the applications. They could not file these documents due to oversight. Hence they may be permitted to mark these documents and also file applications to recall and for further evidence. The trial Court, by order impugned had dismissed these applications. 3. Learned counsel appearing for the petitioners submits that, one of the documents which the petitioner is relying on is of the order passed in the Writ Petition in 2026. Further it is submitted that all these documents are very much necessary for the effective disposal of the case and to prove the case of the plaintiffs. The trial Court without considering the same had dismissed the applications, on the ground that plaintiffs have filed the applications two times and that cannot be the ground for the Court to dismiss the applications. 4. Having heard the learned counsel for the petitioners, perused the material on the record. - 8 - HC-KAR NC: 2026:KHC:26955 WP No. 14306 of 2026 5. The trial Court while dismissing the applications, has observed that the suit is filed on 25.04.2018 and after completion of the pleadings on 04.11.2021, the issues were framed. The case was posted for plaintiff's evidence on 23.09.2022, from that day till 02.12.2024, the evidence of plaintiff was not commenced for different reasons. On 02.12.2024, the plaintiff No. 2 examined as PW-1. Further chief-examination was deferred. On the same date, the advocate for plaintiff filed I.A. No. 12 under Order VII Rule 14 of CPC for production of documents. The application was allowed on 10.12.2024. Exs.P.1 to P.123 was marked on behalf of PW-1. Again, advocate for plaintiff prayed time for further chief-examination. It was adjourned to 13.11.2024 and on 01.02.2025. On 01.02.2025, again I.A.No.13 under Order VII Rule 14 of CPC, for production of the documents was filed. It was allowed on 05.02.2025. 6. On 18.02.2025, the PW-1 was further examined in chief. Exs.P.124 and P.125 were marked. The case was posted for cross-examination of PW-1 on 19.03.2025. On 19.03.2025, again advocate for plaintiff filed I.A.No.14 under Section 151 of - 9 - HC-KAR NC: 2026:KHC:26955 WP No. 14306 of 2026 CPC to recall the order, I.A. No.15 under Order XVIII Rule 17 of CPC to recall PW-1 for further chief examination, I.A.No.16 under Order VII Rule 14 of CPC was filed. All these applications were allowed on 11.06.2025 by imposing cost of Rs.6,000/-. On 25.06.2025, PW-1 was examined in-chief and Exs.P.126 to P.128 was marked. Finally, the cross-examination was completed on 13.01.2026. On the very next day of hearing, the applications were filed. 7. The trial Court considering the judgment of the Hon’ble Apex Court in the case of K.K. Velusami vs. N Palanisami1 and also in the judgment M/s. Bagai Construction Tr.Prop. Vs M/s. Gupta Building Material Store2 and also in Vadiraj Naggappa Varnekar (dead) through Lrs. Vs. Sharadchandra Prabhakar Gogte,3 has observed that in view of the settled law, these consecutive applications cannot be allowed and accordingly dismissed the petition. The petitioners so far has filed three applications consecutively and third application was allowed on costs and again he has come up with this petition. 1 2011 AIR SCW 2296 2 AIR 2013 SC 1849 3 (2009) 4 SCC 410 - 10 - HC-KAR NC: 2026:KHC:26955 WP No. 14306 of 2026 8. Whenever an application is filed, though even at a belated stage, Court would consider the same based on the facts and circumstances and in the interests of the persons. But this is a case where the trial Court has already exercised the discretion on several occasions and accommodated the plaintiffs by allowing the earlier applications, but again filing this application/petition is nothing but a pure abuse of process of law and the trial Court had rightly dismissed the petition. Hence, this Court finds no reason to interfere with the well reasoned order passed by the trial Court. Accordingly, this Court is passing the following: ORDER i. Accordingly, the Writ Petition is dismissed. ii. All pending I.A.s, in the writ petition shall stand closed SD/- (LALITHA KANNEGANTI) JUDGE BVK/List No.: 1 Sl No.: 2