- 1 - HC-KAR NC: 2026:KHC:18410 WP No. 4672 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 4672 OF 2026 (GM-CPC) BETWEEN: 1. SRI H C NAGARAJ S/O LATE, H.CHANNABASAPPA AGED ABOUT 50 YEARS, AGRICULTURIST, R/AT SANTHEBENNURU VILLAGE, CHANNAGIRI TALUK, DAVANGERE DISTRICT-577552. …PETITIONER (BY SRI. P MANJUNATHA., ADVOCATE) AND: 1. SMT H C SUDHA W/O.G.N. KUMAR AGED ABOUT 57 YEARS, R/AT 13TH CROSS, SREEANJANEYA EXTENSION, DAVANAGERE – 577002. 2. SMT. H.C.SUNITHA W/O. SHIVASHANKARA, AGED ABOUT 52 YEARS, R/AT DOOR NO.1853/1349, NRUPATUNGA EXTENSION, TUMKUR DISTRICT-572101 Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18410 WP No. 4672 of 2026 3. DR.H.C.BASAVARAJ S/O CHANNABASAPPA, AGED ABOUT 48 YEARS, MEDICAL PRACTITIONER, R/AT NO. NO.1882/1, A BLOCK, 1ST CROSS, S.S. BHADAVANE, DAVANGERE-577002. 4. SMT. SHOBHA M.C. W/O H.C. NAGARAJA, AGED ABOUT 39 YEARS, R/O SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISRICT. 5. SRI. M.C. MALLIKARJUNA, S/O CHIKKEERAPPA, AGED ABOUT 41 YEARS, R/O MALENAHALLI VILLAGE, KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISRICT. SMT.RATNAMMA H.C W/O LATE H.CHANNABASAPPA, R/O SANTHEBENNUR VILLAGE, CHENNAGIRITALUK, DAVANAGERE DISTRICT-577552. DEAD BY L.RS. PETITIONER AND RESPONDENT NO.1 TO 3 ALREADY ON RECORD …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNX-A ORDER DATED 19.01.2026 IN OS.NO.34/2019 ON ORDER - 3 - HC-KAR NC: 2026:KHC:18410 WP No. 4672 of 2026 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT CHANNAGIRI BY DISMISSING IA NO.18 U/SEC 151 OF CPC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER The present petition by the Defendant No.1 in O.S.No.34/2019 on the file of Senior Civil Judge and JMFC, Chennagiri, impugning the order passed on IA Nos.18 and 19 by the trial Court. 2. Sri P. Manjunatha, learned counsel for the petitioner submits that though the trial Court has taken the document/Will produced by the plaintiffs on record subject to proof and admissibility, the prayer made in I.A.No.18 is to accept the registered Will in favour of the plaintiff No.3. 3. It is submitted that without evidence to prove the genuineness and execution of the Will, the same - 4 - HC-KAR NC: 2026:KHC:18410 WP No. 4672 of 2026 cannot be accepted. Hence, he submits that the order of the trial Court suffers from infirmity. 4. Considering the submissions made by learned counsel for the petitioner and the order of the trial Court, the submission made by learned counsel for the petitioner is unfounded. Though prayer is made in I.A.No.18 to accept the registered Will in favour of the plaintiff No.3, the trial Court has passed the following: “ORDER “I.A.No.18 and 19 filed by the counsel for the plaintiffs are hereby allowed and thereby document/Will produced by the plaintiff is taken on record subject to proof and admissibility. For E/cross of PW. Call on 3/2.” 5. The trial Court under the impugned order has taken the document/will on record subject to proof and admissibility. The petitioner has opportunity before the trial Court. Mere taking will on record would not prejudice the rights and defence of the petitioner. - 5 - HC-KAR NC: 2026:KHC:18410 WP No. 4672 of 2026 6. In the light of the above, the writ petition is devoid of merit and accordingly rejected. Sd/- (K. V. ARAVIND) JUDGE KTY List No.: 1 Sl No.: 9