- 1 - HC-KAR NC: 2026:KHC:18616 WP No. 31469 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.31469 OF 2025 (GM-CPC) BETWEEN: 1. SRI S.R. SANJIVAMURTHY S/O. LATE R.T. RAMANNA AGED ABOUT 65 YEARS 2. SMT. SHOBHA W/O. SRI. S.R. SANJIVAMURTHY AGED ABOUT 62 YEARS 3. SRI. S. ARJUN, S/O. SRI. S.R. SANJIVAMURTHY AGED ABOUT 34 YEARS 4. SRI. S. PRAVEEN S/O. SRI. S.R. SANJIVAMURTHY AGED ABOUT 31 YEARS ALL ARE RESIDING AT AMBEDKAR ROAD (WEST) SIRA TOWN-572137. …PETITIONERS (BY SRI. SUBRAMANYA S UPASANA, ADVOCATE) AND: 1. SMT. S.N. SHREE MALA W/O. LATE S.R. RAGHAVENDRA AGED ABOUT 38 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18616 WP No. 31469 of 2025 2. R. RAJATH, S/O. LATE S.R. RAGHAVENDRA AGED ABOUT 17 YEARS 3. R. AMITH S/O. LATE S.R. RAGHAVENDRA AGED ABOUT 14 YEARS RESPONDENT 2 AND 3 REPRESENTED BY THEIR MOTHER SMT. S.N.SHREE MALA. RESPONDENT 1 TO 3 ARE RESIDING AT “SRI HARI NILAYA” OLD BUS STAND, K.R.LAYOUT SIRA TOWN-572137. 4. SMT. MAHADEVAMMA W/O. LATE R.T. RAMANNA AGED ABOUT 90 YEARS 5. SRI. S. VENKATESH S/O. SRI. S.R. SANJIVAMURTHY AGED ABOUT 36 YEARS 6. SMT. SATHYABHAMA, W/O. RAMESH RAHUT AGED ABOUT 62 YEARS RESPONDENT 4 TO 6 ARE RESIDING AT AMBEDKAR ROAD (WEST) SIRA TOWN-572137. 7. SRI. MAHESH, S/O. KRISHNAMURTHY AGED ABOUT 46 YEARS 8. SRI. SURESH S/O. KRISHNAMURTHY AGED ABOUT 43 YEARS RESPONDENT 7 AND 8 ARE - 3 - HC-KAR NC: 2026:KHC:18616 WP No. 31469 of 2025 RESIDING AT “LAKSHMIVENKTESHWARA NILYA” 1 FLOOR, NRUPATHUNGA EXTENSION 3RD MAIN, JAYANAGARA TUMAKURU TOWN-572101. 9. SRI. RAJESH S/O. SHIVARAM AGED ABOUT 50 YEARS RESIDING AT 1ST CROSS GANDHINAGARA, SIRA TOWN, TUMAKURU DISTRICT-572137. 10. SMT. SHASHIKALA W/O. RANGANATH ROHUT AGED ABOUT 46 YEARS ESIDING AT VIDYANAGARA HOSADURGA TOWN CHITRADURGA DISTRICT-577527. …RESPONDENTS (BY SRI. N. KUMAR, ADVOCATE FOR C/R1 TO R3; R4 TO R6, R9 AND R10 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 22.08.2025 AT ANNEXURE-A IN REJECTING THE MARKING OF CERTIFIED COPIES OF THE ACKNOWLEDGMENTS OF REGISTRAR OF FIRMS, FORM A AND PARTNERSHIP DEEDS AND TO SET ASIDE THE ORDER DATED 26.09.2025 AT ANNX-B ON IA NO. 32 FILED UNDER SEC 60 OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023 PASSED BY THE HONBLE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT TUMKURU IN OS NO.507/2019 BY REJECTING TO RECALLING THE ORDER DTD 22.08.2025 AT ANNX-A. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 4 - HC-KAR NC: 2026:KHC:18616 WP No. 31469 of 2025 ORAL ORDER 1. In this writ petition, the petitioners-defendant Nos.2, 3, 5 and 6 have called in question the orders dated 22.08.2025 and 26.09.2025 passed by the II Addl. Senior Civil Judge & JMFC, Tumakuru (for short ‘Trial Court’), in O.S.No.507/2019. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiffs filed a suit in O.S.No.507/2019 seeking relief of partition and separate possession. On appearance, the defendants have appeared and filed written statement. On the basis of the pleadings of the parties, the Trial Court has framed the issues. When the matter was set down for evidence, the petitioners-defendant Nos.2, 3, 5 and 6 have filed an application seeking for production of certain documents and marking of the said documents. The Trial Court by impugned order dated 22.08.2025 has allowed - 5 - HC-KAR NC: 2026:KHC:18616 WP No. 31469 of 2025 the application but rejected the request for marking the documents. Thereafter, the said defendant No.2 filed I.A.No.32 under Section 60 of BSA, 2023 read with Section 151 of CPC and certificate under Section 65-B of the Indian Evidence Act, 1872 seeking to recall the order dated 22.08.2025 along with certain documents. The Trial Court, by impugned order dated 26.09.2025 has dismissed the application. Aggrieved by the orders dated 22.08.2025 and 26.09.2025, the defendant Nos.2, 3, 5 and 6 have filed this writ petition. 4. Learned counsel appearing for the plaintiffs- respondent Nos.1 to 3 has submitted that the plaintiffs have no objection to allow the writ petition by setting aside the impugned orders passed by the Trial Court and to permit the defendant Nos.2, 3, 5 and 6 to produce the documents, which are produced along with I.A.No.32. 5. Accordingly, the following order is passed: - 6 - HC-KAR NC: 2026:KHC:18616 WP No. 31469 of 2025 ORDER a) The writ petition is allowed. b) The orders dated 22.08.2025 dated 26.09.2025 passed by the 2nd Addl. Senior Civil Judge & JMFC, Tumakuru, in O.S.No.507/2019, are hereby set aside. c) The interlocutory applications are allowed. d) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible, not later than six months from the date of receipt of certified copy of this order, provided there is no order of stay of the said proceedings granted by any Court of law. e) Parties are directed to co-operate for early disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM, List No.: 1 Sl No.: 68