- 1 - HC-KAR CNR: KAHC010682772023 NC: 2026:KHC:39640 WP No. 29320 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 29320 OF 2023 (GM-CPC) BETWEEN: M/S BULLS EYE OUT DOOR SOLUTIONS A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT 3RD FLOOR, KHIVRAJ MANSION, 10/2, KASTURBA ROAD, BENGALURU - 560 001 REPRESENTED BY ITS PARTNER/ AUTHORIZED SIGNATORY, MR. VIKRAM MADHU MASAND. …PETITIONER (BY SRI. PRABHULING K. NAVADAGI, SENIOR COUNSEL FOR SRI. K.R. KRISHNAMURTHY, ADVOCATE) AND: 1. SMRT. N.V. LAKSHMI W/O LATE M. JAYARAM, AGED ABOUT 45 YEARS, 2. KUMARI. J RAVEENA GOWDA D/O LATE M JAYARAM, AGED ABOUT 24 YEARS, 3. KUMARI. J. KEERTHANA GOWDA D/O LATE M JAYARAM, AGED ABOUT 20 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010682772023 NC: 2026:KHC:39640 WP No. 29320 of 2023 ALL ARE R/AT NO.117/B-1, VAISHNAVI SHLOKA, N.R.COLONY, A-CROSS, MURGESHPALYA, HAL POST, BENGALURU - 560 017. 4. MR. RAJESH REDDY PYDA S/O P.S. REDDY, AGED ABOUT 41 YEARS, R/AT NO.368, 8TH A MAIN ROAD, 3RD STAGE, 4TH BLOCK, BASAVESHWARNAGAR, BENGALURU - 560 079 5. MR. VIKRAM MADHU MASAND S/O M N MASAND, AGED ABOUT 45 YEARS, R/AT NO.345, RANKA PARK APARTMENTS, 4,5 AND 6 LALBAGH ROAD, BENGALURU - 560 027. 6. MR. ARUN KUMAR BALASUNDARAM S/O L BALASUNDARAM, AGED ABOUT 41 YEARS, R/AT NO.1619, 6TH MAIN ROAD, E-BLOCK, RAJAJINAGAR 2ND STAGE, BENGALURU - 560 010 7. MR. SAINIKRAJ CHORDIA S/O DEVARAJ CHORDIA, AGED ABOUT 65 YEARS, R/AT NO.1156, 12TH MAIN, 4TH CROSS, HAL 2ND STAGE, INDIRANAGAR, BENGALURU - 560 038 - 3 - HC-KAR CNR: KAHC010682772023 NC: 2026:KHC:39640 WP No. 29320 of 2023 8. MRS. ARUNA DEVI CHORDIA W/O PUSHPACHAND CHORDIA, AGED ABOUT 65 YEARS, R/AT NO.1156, 12TH MAIN, 4TH CROSS, HAL 2ND STAGE, INDIRANAGAR, BENGALURU - 560 038 9. MS. AARADHANA D/O M K AIYAPPA, AGED ABOUT 27 YEARS, R/AT NO.2707, 2ND CROSS, BEL LAYOUT, HAL 3RD STAGE, NEW THIPPASANDRA, BENGALURU - 560 075 10. MR. PUSHPACHAND CHORDIA S/O SRI. SINIKRAJ CHORDIA, AGED ABOUT 45 YEARS, R/AT NO.1156, 12TH MAIN 4TH CROSS, HAL 2ND STAGE, INDIRANAGAR, BENGALURU - 560 038 11. MR. PAKALAPATI VEERA RAGHAVA RAO S/O SRI. VENKATESHWARA RAO, AGED ABOUT 62 YEARS, R/AT NO.21, WATER WOODS APARTMENT, RAMAGONDANAHALLI, BENGALURU - 560 066 12. M/S ANJANI CONSTRUCTIONS HAVING ITS REGISTERED OFFICE AT PAVANI ROYALE, 1ST CROSS, GREEN GARDEN LAYOUT, - 4 - HC-KAR CNR: KAHC010682772023 NC: 2026:KHC:39640 WP No. 29320 of 2023 KUNDALAHALLI GATE, BENGALURU, REP BY ITS DESIGNATED PARTNER, P.V. RAGHAVA RAO, AGED ABOUT 65 YEARS, S/O VENKATESHWARA RAO. …RESPONDENTS (BY SRI. K RAVINDRA HEGDE, ADVOCATE FOR SRI. PRAKASH TIMMANNA HEBBAR., ADVOCATE FOR R1 TO R3 VIDE ORDER DATED 24.01.2024, NOTICE TO R4 TO R12 IS DISPENED WITH) THIS WP IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASHING THE ORDER DATED 27.11.2023 PASSED ON I.A.NO.12 FILED UNDER ORDER XXVI RULE 10A R/W SEC.151 OF CPC, 1908 IN COM.O.S.NO.129/2020 ON THE FILE OF THE LXXXIII ADDL.CITY CIVIL AND SESSION JUDGE (CCH-84), COMMERCIAL COURT, BENGALURU (PRODUCED AT ANNX-A) ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR CNR: KAHC010682772023 NC: 2026:KHC:39640 WP No. 29320 of 2023 ORAL ORDER This writ petition is filed challenging the order dated 27.11.2023 passed on I.A.No.12 in Com.O.S.No.129/2020 on the file of the LXXXIII Additional City Civil and Sessions Judge (CCH-84), Commercial Court, Bengaluru (hereinafter referred to as ‘Commercial Court’ for short). 2. Sri Prabhuling K Navadgi, learned Senior counsel appearing for Sri K.R. Krishnamurthy, learned counsel for the petitioner submits that the petitioner is defendant No.1 in Com.O.S.No.129/2020 filed by respondent Nos.1 to 3. In the said suit, the plaintiffs filed I.A.No.12 under Order XXVI Rule 10-A read with Section 151 of the Code of Civil Procedure (for short, ‘CPC’) seeking prayer to refer the admitted and disputed signatures of the plaintiffs appearing on Ex.D4 and Ex.D6 for scientific investigation to the Government Examiner of Questioned Documents. The said application was opposed by the petitioner. The Commercial Court, under the - 6 - HC-KAR CNR: KAHC010682772023 NC: 2026:KHC:39640 WP No. 29320 of 2023 impugned order dated 27.11.2023, allowed the application. 3. It is submitted that the parties have led evidence before the Court and that the Court can decide the suit based on such evidence. Therefore, allowing the application was uncalled for. It is fairly submitted that, in the cross-examination of DW1, though he has admitted that he has no objections referring Ex.D4 to Ex.D6 for examination by the Examiner of Questioned Documents and handwriting Expert and the same should not be the basis for allowing the application. Hence, he seeks to allow the writ petition. 4. Per contra, Sri K. Ravindra Hegde, learned counsel appearing for Sri Prakash Timmannna Hebbar, learned counsel for respondent Nos.1 to 3 supports the order of the Commercial Court and submits that the opinion of the expert would aid the Commercial Court in deciding the dispute. - 7 - HC-KAR CNR: KAHC010682772023 NC: 2026:KHC:39640 WP No. 29320 of 2023 5. I have heard the arguments of the learned Senior Counsel appearing for the petitioner, learned counsel for respondent Nos.1 to 3 and meticulously perused the material available on the record. 6. Respondent Nos.1 to 3 filed a suit in Com.O.S.No.129/2020 for dissolution of the partnership firm and other reliefs before the Commercial Court. In the said suit, the petitioner, who is defendant No.1, filed a detailed written statement. The issues were framed and the parties led evidence. At that stage, the plaintiffs filed an application in I.A.No.12/2023 under Order XXVI Rule 10-A read with Section 151 of the CPC seeking to refer the admitted and disputed signatures of the plaintiffs appearing on Ex.D4 and Ex.D6 for scientific investigation. The said application was opposed by the petitioner. The Commercial Court, under the impugned order dated 27.11.2023, allowed the application and ordered that the said documents be referred to a handwriting expert/institution. - 8 - HC-KAR CNR: KAHC010682772023 NC: 2026:KHC:39640 WP No. 29320 of 2023 7. It is required to be noticed that the Commercial Court, in paragraph No.21 has recorded that defendant No.1, during his cross-examination, admitted that he has no objection to submit the disputed signatures in Ex.D4 to Ex.D6 for examination by the Examiner of Questioned Documents and handwriting expert. Taking note of the same and considering the dispute between the parties, the Commercial Court exercised its discretion and allowed the application for examination by a handwriting expert. 8. It is to be noticed that the report of the handwriting expert would aid the Commercial Court in deciding the dispute, as held by this Court in the case of SHADAKSHARAPPA vs. KUMARI VIJAYALAXMI AND OTHERS1. It is also required to be observed that, if the Court Commissioner’s opinion goes against the stand of defendant No.1, it is always open for the defendant to file objections to such report and even have an opportunity to cross-examine the Court commissioner, if need arises. 1 (2023) SCC Online Kar 53 - 9 - HC-KAR CNR: KAHC010682772023 NC: 2026:KHC:39640 WP No. 29320 of 2023 9. With the aforesaid observations, the writ petition is disposed of, affirming the order of the Commercial Court. 10. In view of the disposal of the writ petition, I.A.No.1/2024 for early hearing does not survive for consideration and is accordingly disposed of. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 10