- 1 - HC-KAR CNR: KAHC010074002021 NC: 2026:KHC:44353 W.P. No.3517/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.3517/2021 (GM-CPC) BETWEEN: 1. SRI. C.V. RAJASHEKAR S/O SRI. M.C. VENKATRAM AGED 64 YEARS R/AT NO.693/39/39-01 SAJJAN RAO ROAD, V.V. PURAM BENGALURU 560004. 2. SRI. C.R. SUNIL S/O SRI. C.V. RAJASHEKAR AGED 39 YEARS R/AT NO.693/39/39-01 SAJJAN RAO ROAD, V.V. PURAM BENGALURU 560004. 3. SMT. C.R. SINDHU D/O SRI. C.V. RAJASHEKAR AGED 32 YEARS R/AT NO.693/39/39-01 SAJJAN RAO ROAD, V.V. PURAM BENGALURU 560004. …PETITIONERS (BY SRI. VIVEK HOLLA, ADV.,) AND: 1. SMT. JAYALAKSHMAMMA W/O LATE M. KRISHNA MURTHY MAJOR Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010074002021 NC: 2026:KHC:44353 W.P. No.3517/2021 R/AT. IN A PORTION OF THE OUT HOUSE NO 693/39-1 SAJJAN RAO ROAD VISHWESWARAPURAM BENGALURU 560004. 2. V. VASANTHI D/O VASUDEVA HEBBAR MAJOR R/AT NO.351/3, 6TH BLOCK 80 FEET ROAD, 12TH MAIN RAJAJINAGAR, BANGALORE 560010. 3. SRI. K.S. SHIVASWAMY S/O LATE K. SHIVANANJAPPA MAJOR R/AT NO.8/1, KALAPPA BLOCK GANDHI BAZAAR, BANGLAORE 560004. 4. SMT. MAYAMMA W/O LATE K. SHIVANANJAPPA MAJOR RESIDING AT NO.8/1, KALAPPA BLOCK GANDHI BAZAAR, BANGLAORE 560004. [R4 IS DECEASED AND R3 IS TREATED IS LR OF R4] 5. SRI. B. RAMESH S/O LATE M. BORARIAH MAJOR R/AT POST THIRUMALA BHAVAN RESTAURANT, 401, 8TH BLOCK DR. RAJKUMAR ROAD, RAJAJINAGAR BANGLAORE 560040. …RESPONDENTS (BY SRI. M.V. SESHACHALA, SR. COUNSEL FOR SRI. ARAVIND V. CHAVAN, ADV., FOR R3 V/O/DTD:19.08.2021, NOTICE TO R1 & R2 IS D/W V/O/DTD:26.08.2021, STEPS TO BRING LR’S OF R4 IS WAIVED R5 SERVED R3 IS TREATED AS LR’S OF DECEASED R4) - 3 - HC-KAR CNR: KAHC010074002021 NC: 2026:KHC:44353 W.P. No.3517/2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 02.02.2021 PASSED BY THE COURT OF XXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU ON AN APPLICATION FILED UNDER ORDER XXVI RULE 10A OF CODE OF CIVIL PROCEDURE IN O.S.NO.508/1991 ANNEXURE-H AND FURTHER BE PLEASED TO ALLOW THE SAID APPLICATION ANNEXURE-F & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 02.02.2021 passed on I.A.No.23 in O.S.508/1991 by the XXV Additional City Civil and Sessions Judge, Benglauru (for short, ‘the trial Court’). 2. Heard Sri.Vivek Holla, learned counsel appearing for the petitioners and Sri.M.V.Seshachala, learned Senior Counsel appearing on behalf of Sri.Aravind - 4 - HC-KAR CNR: KAHC010074002021 NC: 2026:KHC:44353 W.P. No.3517/2021 V.Chavan, learned counsel for the respondent No.3 and perused the material available on record. 3. The petitioners had filed the suit in O.S.No.508/1991 seeking judgment and decree to declare that the properties in Schedule “A to F” are the properties of the joint Hindu family headed by the first plaintiff and the plaintiff Nos.1 to 4 are the absolute owners of the same and other reliefs. In the said suit, the respondents filed a written statement denying the plaint averments and sought for dismissal of the suit. When the matter was posted for the plaintiffs’ evidence, the plaintiffs sought to examine the attesting witnesses to the Will dated 08.05.1989 and the said witnesses have been examined. The records indicate that the plaintiffs have adduced the evidence, at that stage the petitioners-plaintiffs filed an application under Order XXVI Rule 10A read with Section 151 of the Code of Civil Procedure (for short, ‘the CPC’) seeking prayer to issue commission to a qualified - 5 - HC-KAR CNR: KAHC010074002021 NC: 2026:KHC:44353 W.P. No.3517/2021 ‘handwriting expert’ for comparing the signature of Sri.M.Krishnamurthy on the Will executed by him which is marked as Ex.P50 with the signatures found on the lease deed executed by him which are marked as Exs.P66 and P67 for effective adjudication of the case. The said application was opposed by the defendants. The trial Court under the impugned order dated 02.02.2021 rejected the said application by recording certain reasons. 4. It is to be noticed that the application filed by the plaintiffs in the aforesaid suit is even before conclusion of the trial. 5. At this stage, learned counsel for both the parties fairly submit that if the trial Court considers the petitioners-plaintiffs application in I.A.No.23 after conclusion of trial the ends of justice would be met. Submissions of the learned counsel for the parties is placed on record. - 6 - HC-KAR CNR: KAHC010074002021 NC: 2026:KHC:44353 W.P. No.3517/2021 6. Considering the aforesaid submission, I am of the view that it would be appropriate for the trial Court to consider the petitioners-plaintiffs application in I.A.No.23 filed under Order XXVI Rule 10A of the CPC for referring the documents to the handwriting expert after recording of evidence in the said suit on merits. 7. It is to be observed that the finding recorded in the impugned order dated 02.02.2021 should not come in the way of trial Court in considering afresh the aforesaid application of the petitioners-plaintiff seeking to refer the admitted signature and the disputed signature to the handwriting expert on merits. 8. With the aforesaid observations, the writ petition is disposed of by setting aside the impugned order dated 02.02.2021 passed on I.A.No.23 in O.S.508/1991 by the XXV Additional City Civil and Sessions Judge, Benglauru, by directing the trial Court to - 7 - HC-KAR CNR: KAHC010074002021 NC: 2026:KHC:44353 W.P. No.3517/2021 consider the said application after conclusion of the trial and after providing sufficient opportunity to the parties to the suit. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 0