- 1 - HC-KAR NC: 2026:KHC:20335 W.P. No.22046/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.22046/2021 (GM-CPC) BETWEEN: SRI. B.A. RADAKRISHNA S/O LATE B.M. ANNE GOWDA AGED ABOUT 67 YEARS R/O BELAGAADDE TAMADAVALLI VILLAGE KOPPA TALUK POST HOSAKOPPA 577114 CHIKKAMAGALURU DISTRICT. …PETITIONER (BY SRI. G.S. VENKAT SUBBA RAO, ADV.,) AND: 1. SRI. B.A. SIRISH S/O LATE B.M. ANNE GOWDA AGED ABOUT 57 YEARS DOOR NO.1777/35, JJ APARTMENTS FLAT NO.101, 23RD, CROSS MAGADI CHORD ROAD BEHIND ADYAR ANANDA BHAVAN VIJAYANAGAR EXTENSION BANGALORE-560078. 2. SMT. SANDHYA NAGARAJ W/O K.B. NAGARAJ MAJOR IN AGE BANASHANKARI NILAYA DOOR NO.80 Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20335 W.P. No.22046/2021 SHIVAPPANAIKA EXTENSION VINOBNAGAR SHIVAMOGGA 577204. 3. SMT. VIDYA RAMESH W/O D.P. RAMESH MAJOR IN AGE SAGARA LAWYER BUILDING 36/1, RANGER BLOCK POST. SOMAVARAPET 571236 NORTH KODAGU. 4. SMT. NANDA RAJASHEKAR W/O K.M. RAJASHEKAR MAJOR IN AGE C/O K.M. RAJASHEKAR SENIOR CIVIL JUDGE POST TIPTUR 572201 TUMAKURU DISTRICT. …RESPONDENTS (BY SRI. R. CHANDRAMMA, ADV., FOR R1 V/O/DTD:07.12.2021, NOTICE TO R2 TO R4 STANDS WAIVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNER ORDER DATED 17.11.2021 PASSED ON IA.NO.20 FILED UNDER SECTION 151 OF CPC IN OS.NO.49/2011 BY THE CIVIL JUDGE AND JMFC, KOPPA VIDE ANNEXURE-A & 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 - 3 - HC-KAR NC: 2026:KHC:20335 W.P. No.22046/2021 ORAL ORDER This writ petition is filed challenging the order dated 17.11.2021 passed on I.A.No.20 in O.S.No.49/2011 by the Civil Judge and JMFC., Koppa (for short, 'the trial Court') 2. Heard Sri.G.S.Venkat Subba Rao, learned counsel appearing for the petitioner and Sri.R.Chandranna, learned counsel for respondent No.1. 3. The trial Court rejected the application - I.A.No.20 filed by the petitioner-plaintiff seeking prayer to re-issue the commission warrant to the advocate Court Commissioner Sri Mahendra to record further evidence of PW2 by providing original Ex.P4 signed by the witness- PW2 Dr.S.N.Rao. It is to be noticed that the trial Court has allowed the similar application on earlier occasion and PW2 Dr.S.N.Rao was examined in-part. 4. The material on record indicates that PW2 has declined to give further evidence on the ground that Ex.P4 is not the original document. It is to be noticed that the petitioner-plaintiff has filed an application for securing - 4 - HC-KAR NC: 2026:KHC:20335 W.P. No.22046/2021 Ex.P4 original from KMC Hospital, Manipal. It is also to be noticed that unless the said document is secured, this Court cannot order for re-issuing the commission warrant to examine PW-2 Dr.S.N.Rao, as on an earlier occasion he has clearly stated that he would be able to answer the questions put by the Court Commissioner till perusing the original of Ex.P4. 5. Therefore, it is made clear that if the petitioner- plaintiff is able to secure the original of Ex.P4, then the trial Court is directed to re-issue commission warrant to the advocate Court Commissioner Sri Mahendra to record further evidence of PW2. With the above observation, the petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 24