- 1 - HC-KAR CNR: KAHC010545292026 NC: 2026:KHC:42232 WP No. 24854 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24854 OF 2026 (GM-CPC) BETWEEN: SRI. K.N. DAYANANDA MURTHY, SON OF LATE P. NARASIMHAIAH, AGED ABOUT 66 YEARS, RESIDING AT NO.5, 7TH MAIN, CHENNIGAPPA LAYOUT, VRUSHABHAVATHINAGARA, KAMAKSHIPALYA, BENGALURU – 560 079 REP BY GPA HOLDER, RUPENDRA KUMAR .D. …PETITIONER (BY SRI. NAGAIAH, ADVOCATE) AND: 1. SRI. RAMANNA, SON OF KRISHNAPPA, AGED ABOUT 60 YEARS, RESIDING AT NO.12/1, KACHOHALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT – 562 162 2. SMT. R. ASHWINI, DAUGHTER OF SRI. RAMANNA, AGED ABOUT 27 YEARS, RESIDING AT NO.67-B, 14TH D CROSS, NANJAPPA EXTENSION, NEAR BEML LAYOUT, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010545292026 NC: 2026:KHC:42232 WP No. 24854 of 2026 VRUSHABHAVATHINAGAR, BASAVESHWARANAGAR, BENGALURU – 560 079 3. KUMARI R.NANDINI, DAUGHTER OF SRI. RAMANNA, AGED ABOUT 24 YEARS, RESIDING AT NO.67-B, 14TH D CROSS, NANJAPPA EXTENSION, NEAR BEML LAYOUT, VRUSHABHAVATHINAGAR, BASAVESHWARANAGAR, BENGALURU – 560 079 4. SMT. JAYALAKSHMAMMA WIFE OF SRI. RAMANNA, AGED ABOUT 44 YEARS, RESIDING AT NO.12/1, KACHOHALLI VILLAGE, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT – 562 162 5. SRI. MALLAIAH, SON OF MASTAPPA, AGED ABOUT 39 YEARS, RESIDING AT 3RD CROSS, BEML LAYOUT, PANCHASHEELA BLOCK, GATTIGERE, R.R.NAGAR, BENGALURU – 560 098, 6. SRI. NARASIMHARAJU SON OF NINGAPPA, AGED ABOUT 49 YEARS, RESIDING AT KUNTAIAHANAPALYA, K.G. MUTHENAHALLI DAKHLE, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT – 572 123. - 3 - HC-KAR CNR: KAHC010545292026 NC: 2026:KHC:42232 WP No. 24854 of 2026 7. SMT. PADMA, DAUGHTER OF VENKATAIAH @ DASAPPA, AGED ABOUT 38 YEARS, RESIDING AT KUNTAIAHANAPALYA, K.G. MUTHENAHALLI DAKHLE, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT – 572 123 8. SRI. DEVAPPA, SON OF MASTAPPA, AGED ABOUT 31 YEARS, RESIDING AT 3RD CROSS, BEML LAYOUT, PANCHASHEELA BLOCK, GATTIGERE, R.R. NAGAR, BENGALURU – 560 098 9. SMT. HEMA .G., WIFE OF SRI. GANGADHAR, AGED ABOUT 26 YEARS, RESIDING AT NO.4/1, SANDHYA NILAYA, 6TH MAIN ROAD, BYRAVESHWARANAGAR, NAGARBHAVI ROAD, BENGALURU – 560 072 10. SMT. SHIVAMMA, WIFE OF SRI. HONNEGOWDA, AGED ABOUT 54 YEARS, RESIDING AT NO.2, 13TH MAIN, PUTTAIAH ROAD, VRUSHABHAVATHI NAGARA, 17TH DIVISION, KAMAKSHIPALYA, BENGALURU – 560 079 11. SMT. SHIVAMMA, WIFE OF SRI. VENKATAIAH @ DASAPPA, - 4 - HC-KAR CNR: KAHC010545292026 NC: 2026:KHC:42232 WP No. 24854 of 2026 AGED ABOUT 51 YEARS, RESIDING AT PURA VILLAGE, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT – 572 123 12. SRI. GOVINDA, SON OF SRI. THIMMAIAH, AGED ABOUT 59 YEARS, RESIDING AT NO.4/1, SANDHYA NILAYA, 6TH MAIN ROAD, BYRAVESHWARANAGAR, NAGARBHAVI ROAD, BENGALURU – 560 072 13. SMT. SUSHEELAMMA, WIFE OF SRI. SRINIVAS, AGED ABOUT 39 YEARS, RESIDING AT KASALAGERE VILLAGE, DEVALAPURA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 445 14. SR. RAMU, SON OF SRI KARIYANNA, AGED ABOUT 54 YEARS, RESIDING AT 2ND CROSS, 2ND MAIN, SRINIVASANAGAR, SUNKADAKATTE, VISHWANEEDAM POST, BENGALURU – 560 091 15. SRI. PRAVEEN SHETTY, SON OF SRI. H. VITTAL SHETTY, AGED ABOUT 47 YEARS, RESIDING AT NO.2201, 3RD MAIN, 5TH CROSS, RPC LAYOUT, VIJAYANAGAR, BENGALURU – 560 040 - 5 - HC-KAR CNR: KAHC010545292026 NC: 2026:KHC:42232 WP No. 24854 of 2026 16. SRI. A. MURTHY, SON OF SRI. ANNIYAPPA, AGED ABOUT MAJOR, RESIDING AT NO.73, 2ND CROSS, PILLAMMA BLOCK, SREERAMAPURA, BENGALURU – 560 021 17. SMT. RANI, AGED ABOUT MAJOR, WIFE OF SRI. KUPPASWAMY, RESIDING AT NO.4/1, SANDHYA NILAYA, 6TH MAIN ROAD, BYRAVESHWARANAGAR, NAGARBHAVI ROAD, BENGALURU – 560 072 18. SRI. SHASHIKUMAR, SON OF LATE SANJEEVAIAH, AGED ABOUT MAJOR, RESIDING AT NO.34, JAYALAKSHMAMMA EXTENSION, NAGARABHAVI 2ND STAGE, BENGALURU – 560 072 19. SRI. SRINIVAS M.B., SON OF BHORAIAH, AGED ABOUT MAJOR, RESIDING AT NO.33, 4TH CROSS, RAJIV GANDHINAGAR, LAGGERE, BENGALURU – 560 058, 20. SRI. BHOJA, SON OF SRI. GOVINDAPPA, AGED ABOUT MAJOR, RESIDING AT NO. 15, 2ND CROSS, 1ST MAIN, NEAR CHOWDESHWARI TEMPLE, - 6 - HC-KAR CNR: KAHC010545292026 NC: 2026:KHC:42232 WP No. 24854 of 2026 CHOWDESHWARINAGARA, LAGGERE, BENGALURU – 560 058, 21. SMT. SAVITHRAMMA, WIFE OF SRI. NAGARAJU, AGED ABOUT MAJOR, RESIDING AT NO.31, 1(D) CROSS, NEAR SHANIMAHATHMA TEMPLE, KAMAKSHIPALYA, BENGALURU – 560 079 22. SRI. DEVANNA, SON OF SRI. RAMANNA, AGED ABOUT MAJOR, RESIDING AT NO.63, 4TH CROSS, ULLALA ROAD, JNANAJYOTHINAGARA, BENGALURU – 560 056 23. SRI. SANJEEVAKUMAR .S, SON OF SRI. BORAIAH, AGED ABOUT 37 YEARS, RESIDING AT NO.33, 4TH CROSS, RAJIV GANDHINAGAR, LAGGERE, BENGALURU-560058 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA IN OS NO.95/2010 ON IA NO.35 DT.23.07.2026 VIDE ANNEXURE-'A' AND DISMISS THE IA NO.35 FILED BY RESPONDENT NO.1 AND ETC., - 7 - HC-KAR CNR: KAHC010545292026 NC: 2026:KHC:42232 WP No. 24854 of 2026 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 23.07.2026 passed in I.A.No.35 in O.S.No.95/2010 by the Senior Civil Judge and JMFC, Nelamangala, the petitioner/plaintiff is before this Court. 2. The plaintiff had filed O.S.No.95/2010 seeking specific performance. The defendants' case is that the signatures on the agreement of sale are disputed, and the case went on trial, with the matter posted for arguments. At that stage, I.A.No.35 was filed by defendant No.1 to send the disputed signatures found on Exhibit P1 and the admitted signatures of defendant No.1 for comparison and expert opinion. That application was allowed by the trial Court. Aggrieved thereby, the plaintiff is before this Court. 3. While allowing the application, the trial Court observed that, in the present case, the plaintiff and defendants have already adduced their evidence, but there are no hurdles to send the same for expert opinion. It is observed that the - 8 - HC-KAR CNR: KAHC010545292026 NC: 2026:KHC:42232 WP No. 24854 of 2026 Court can come to a conclusion based on other supporting evidence, but Exhibit P1 is in dispute. Therefore, considering the facts and circumstances of the case, the trial Court came to the conclusion that defendant No.1 has made out sufficient grounds to send Ex.P1 and the admitted signatures for comparison. 4. Learned counsel appearing for the petitioner/plaintiff submits that, as it is the specific case of the defendant, and since defendant No.1 had already filed the written statement, this application ought to have been filed at the earliest. It is submitted that the defendant had filed a writ petition seeking mandamus and had also obtained an order directing the trial Court to dispose of the matter expeditiously, and yet he is coming up with these kinds of applications. It is submitted that the trial Court, under Section 73 of the Evidence Act, is competent to look into the signatures and is not required to send the document for expert opinion. 5. Having heard the learned counsel for the petitioner, perused the entire material on record. There is no dispute that this application is filed at a belated stage. At the same time, - 9 - HC-KAR CNR: KAHC010545292026 NC: 2026:KHC:42232 WP No. 24854 of 2026 allowing this application will not prejudice the plaintiff, and it would be easy for the trial Court to decide the dispute involved. In that view of the matter, this Court is not inclined to interfere with the impugned order directing to send the document for expert opinion. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed. ii. However, it is made clear that as per the earlier order passed by the Co-ordinate bench of this Court, the suit shall be decided expeditiously. iii. All I.As. in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 30