- 1 - HC-KAR NC: 2026:KHC:31498 W.P. No.24245/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.24245/2021 (GM-CPC) BETWEEN: SYED NISAR AGED ABOUT 43 YEARS S/O LATE SYED SHAFEE R/O NO.25, 2ND FLOOR ANJANEYASWAMY TEMPLE STREET MARAPPA GARDEN, BENSON TOWN BENGALURU - 560046. …PETITIONER (BY SRI. PURUSHOTHAM G, ADV.,) AND: 1. SMT. KHAMRUNNISA AGED ABOUT 66 YEARS. [DELETED AS PER HON’BLE COURT ORDER]. 2. SYED SIRAJ AGED ABOUT 39 YEARS S/O LATE SYED SHAFEE. 3. SYED SHUIAB .S AGED ABOUT 30 YEARS S/O LATE SYED SHAFEE. ALL ARE R/O NO.25, 2ND FLOOR ANJANEYASWAMY TEMPLE STREET Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31498 W.P. No.24245/2021 MARAPPA GARDEN BENSON TOWN BENGALURU – 560046. …RESPONDENTS (BY SRI. IRSHAD AHMED K, ADV., FOR R3 V/O/DTD:24.06.2026, R2 AND R3 ARE LR’S OF DECEASED R1 R2 SD AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 25.11.2021, VIDE ANNX-G PASSED BY THE COURT OF THE III ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN O.S.NO.36/2018 AND ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 16 RULE 6 OF CPC, VIDE ANNX-E BY GRANTING THE RELIEFS PRAYED FOR THEREIN & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 25.11.2021 passed in O.S.No.36/2018 by the III Additional City Civil and Sessions Judge, Bengaluru (for short, ‘the trial Court’). 2. Sri.Purushotham G., learned counsel appearing for the petitioner submits that petitioner-plaintiff has filed - 3 - HC-KAR NC: 2026:KHC:31498 W.P. No.24245/2021 the suit for partition and separate possession. In the said suit, the respondents-defendants set up a concocted gift deed alleged to have been executed by the father of the plaintiff in favour of the defendant Nos.1 to 3. However, they have not produced the original gift deed before the Court, which compelled the plaintiff to file an application seeking direction to defendant No.3 to produce the original gift deed but the said application was rejected by trial Court erroneously. The certified copy of the gift deed is produced before the trial Court. It is submitted that the donor was in the advanced stage of cancer and he has not appeared before the Sub-Registrar and the document indicates that the document pending for private attestation and the donor was not in a fit state of mind and the signature found in the gift deed is not of the donor. Therefore, the original gift deed is required to be produced. Hence, he seeks to allow the petition. - 4 - HC-KAR NC: 2026:KHC:31498 W.P. No.24245/2021 3. Sri.Irshad Ahmed K., learned counsel for the respondent No.3-defendant No.3 supports the impugned order of the trial Court and seeks to dismiss the petition. 4. I heard the arguments of the learned counsel for the petitioner, learned counsel for the respondent No.3 and meticulously perused the material available on record. 5. Petitioner-plaintiff has filed the suit in O.S.No.36/2018 seeking the relief of partition and seeking 1/3rd share in the suit schedule property. In the said suit, the defendants filed the written statement. The defendant Nos.1 and 3 have contended that late Syed Shafee, the husband of defendant No.1 and father of defendant No.3 executed the registered gift dated 18.04.2017. During the course of trial, the defendants have produced the certified copy of the gift deed which is marked in the evidence. It is to be noticed that the plaintiff had filed an application under Order XVI Rule 6 of CPC seeking direction to - 5 - HC-KAR NC: 2026:KHC:31498 W.P. No.24245/2021 defendant No.3 to produce the original gift deed dated 18.04.2017 which was rejected by trial Court. 6. It is to be noticed that the suit is for the partition and separate possession. The plaintiff in the suit is required to establish the relationship and the properties are available for partition. The trial Court while rejecting the application has recorded the reasons that it has framed issues and Issue Nos.1 and 2 casts burden on the plaintiff to prove his case and an Issue is also framed casting burden on defendant Nos.1 and 3 to prove the execution of gift deed by their father Syed Shafee on 18.04.2017. In my considered view, when the burden is on the defendant to prove the execution of the gift deed executed by Syed Shafee, there is no necessity for production of the original gift deed before the Court as already the certified copy is produced. It is always open for the plaintiff to dispute the gift deed on available grounds. - 6 - HC-KAR NC: 2026:KHC:31498 W.P. No.24245/2021 7. With the aforesaid observations, I am of the view that the impugned order does not call for any interference in this petition. Hence, the petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 29