HC-KAR CNR: KAHC010326402022 NC: 2026:KHC:38326 WP No. 14601 of 2022 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 14601 OF 2022 (GM-CPC) BETWEEN: 1. SMT. RAMAKKA W/O.VENKATESHAPPA @ VENKATESH, AGED ABOUT 66 YEARS, 2. SMT. RENUKA W/O RAJU, D/O.VENKATESHAPPA @ VENKATESH, AGED ABOUT 38 YEARS, 3. B.V.MANJUNATH S/O.VENKATESHAPPA @ VENKATESH, AGED ABOUT 36 YEARS, ALL ARE R/AT NO.77, BHUVANAHALLI, HOSAKOTE-562 114, BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI. BASANNAGOUDA.S.S., ADVOCATE FOR SRI. P.H.VIRUPAKSHAIAH., ADVOCATE) AND: 1. THE COMMISSIONER, BRUHATH BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, (ADMN.) BRUHATH BENGALURU MAHANAGARA PALIKE, Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA HC-KAR CNR: KAHC010326402022 NC: 2026:KHC:38326 WP No. 14601 of 2022 2 HUDSON CIRCLE, BENGALURU-560 001. 3. SMT. LAKSHMI AGED ABOUT 61 YEARS, NO.44, II FLOOR, 4TH CROSS, A.K.COLONY, YEDIYUR, BENGALURU-560 070. …RESPONDENTS (BY SRI. N.R.JAGADEESHWARA., ADVOCATE FOR R1 & R2; SRI. B.M.KUSHALAPPA., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED DISMISSAL ORDER DTD 15.01.2021 PASSED BY THE HON’BLE VII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-19) VIDE ANNX-D IN O.S.NO.2110/2015 BY CONSIDERING THE I.A.NO.7 FILED BY THE PETITIONERS UNDER ORDER XVI RULE 1 R/W SEC.151 OF CPC & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition has been filed under Article 27 of the Constitution of India, seeking to challenge an order dated 15.01.2021, passed by the VII Addl. City Civil and Sessions Judge, Bengaluru (hereinafter referred to as the ‘Impugned Order’). By the Impugned Order an application seeking production of additional witnesses filed under HC-KAR CNR: KAHC010326402022 NC: 2026:KHC:38326 WP No. 14601 of 2022 3 Order 16, Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the CPC’) by the petitioners was rejected. 2. The learned counsel for the petitioners/plaintiffs submits that petitioners/plaintiffs have filed a suit for declaration that they are the legal heirs of Late.Venkateshappa @ Venkatesh and other consequential reliefs. He submits that during the course of the trial, there were two witnesses, who are related to the father of the petitioners/plaintiffs and due to inadvertence, he was unable to add these two witnesses to the list of witnesses at an earlier stage. He submits that these witnesses are necessary, as they would assist the Court in deciding the controversy between the parties, since the relationship of the petitioners/plaintiffs with their father has been denied by the respondents. 3. This Court had by its order dated 24.08.2022 directed that the further proceedings in O.S.No.2110 of HC-KAR CNR: KAHC010326402022 NC: 2026:KHC:38326 WP No. 14601 of 2022 4 2015, before the Trial Court be stayed. The said order has continued as is till today. 4. The learned counsel for the respondents submits that the matter is not proceeding before the learned Trial Court and that, if one opportunity is granted to the petitioners/plaintiffs, they would have no objection to these witnesses being examined, provided that the examination concludes on the same day itself. 5. The learned Counsel further submits that the suit proceedings have been stayed for almost four years and the matter is not reaching a conclusion. 6. The learned counsel for the petitioners/plaintiffs submits that this suggestion is acceptable to him and that in the interest of expediency, he would file the affidavits of these witnesses, within three weeks from today and produce these witnesses for cross-examination on a specified date in order that the proceedings are not delayed any further. HC-KAR CNR: KAHC010326402022 NC: 2026:KHC:38326 WP No. 14601 of 2022 5 7. Accordingly, and given the consensus between the parties and in the interest of expediency, the following directions are passed: (i) The petitioners/plaintiffs are permitted to file affidavits of the PW2 and PW3, within three weeks from today. (ii) PW2 and PW3 shall be present before the Court on 28.08.2026, for their evidence. (iii) The respondents agree to as far as possible, cross- examine the witnesses on that day itself. (iv) Learned counsel for the parties submit that no unnecessary adjournments will be taken by the parties before the learned Trial Court. The parties are bound down by the statement made by their counsel today. 8. The petition is disposed of in the aforegoing terms. All pending applications stand closed. Sd/- (TARA VITASTA GANJU) JUDGE JJ /YN List No.: 1 Sl No.: 24