- 1 - HC-KAR CNR: KAHC010585032026 NC: 2026:KHC:46513 WP No. 26877 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 26877 OF 2026 (GM-CPC) BETWEEN: SMT. GRACY MASCARENHAS W/O LATE MAURICE PAIS AGED ABOUT 79 YEARS R/AT KAMPA HOUSE KEDILA VILLAGE AND POST BANTWAL TALUK DAKSHINA KANNADA DISTRICT-574211. …PETITIONER (BY SRI. ROHITH B.J., ADVOCATE) AND: 1. SMT. RITA D/O LATE MOURICE PAIS W/O DENNIS LOBO AGED ABOUT 53 YEARS R/AT SAMETHADKA, PUTTUR TALUK D K DISTRICT-574201. 2. ANDREW PAIS S/O LATE MOURICE PAIS AGED ABOUT 51 YEARS R/AT KAMPA HOUSE KEDILA VILLAGE AND POST BANTWAL TALUK, D.K DISTRICT-574211. 3. MRS. ROJINA PINTO AGED ABOUT 49 YEARS D/O MOURICE PAIS W/O WILLIAM PINTO Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010585032026 NC: 2026:KHC:46513 WP No. 26877 of 2026 R/AT JANATHA QUARTRES KARIMAJALU LOCALITY KEDILA VILLAGE AND POST BANTWAL TALUK, D K DISTRICT-574211. 4. MR. MAXIX PAIS AGED ABOUT 42 YEARS S/O LATE MOURICE PAIS R/AT KAMPA HOUSE KEDILA VILLAGE AND POST BANTWAL TALUK, D.K DISTRICT-574211. 5. MRS. SUNITHA@ PULA AGED ABOUT 39 YEARS D/O MOURICE PAIS W/O ANDREW LOBO R/O OPP CHURCH, SHAMBOOR VILLAGE AND POST BANTWAL TALUK, D.K. DISTRICT-574211. 6. MR. MAXIS PAIS AGED ABOUT 36 YEARS S/O LATE MOURICE PAIS R/AT KAMPA HOUSE KEDILA VILLAGE AND POST BANTWAL TALUK, D.K. DISTRICT-574211. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER DATED 30/07/2026 PASSED DISMISSING IA NO: 12 BY IMPOSING COSTS IN OS NO.59/2021 BY THE SENIOR CIVIL JUDGE AND JMFC BANTWAL PRODUCED AT ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010585032026 NC: 2026:KHC:46513 WP No. 26877 of 2026 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-plaintiff has called in question the order dated 30.07.2026 passed on I.A.No.11 and I.A.No.12 and order dated 01.08.2026 passed on I.A.No.13 by the Prl. Senior Civil Judge and JMFC, Bantwal, D.K. (for short ‘Trial Court’) in O.S.No.59/2021, whereby the said applications are dismissed and costs are imposed 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiff filed a suit in O.S.No.59/2021 before the Prl. Senior Civil Judge and JMFC, Bantwal, D.K. (for short ‘Trial Court’) seeking relief of partition and separate possession. During the pendency of the suit, the plaintiff filed I.A.No.11 under Order XVI Rule 1 and 5 read with Section 151 of CPC to issue summons to proposed - 4 - HC-KAR CNR: KAHC010585032026 NC: 2026:KHC:46513 WP No. 26877 of 2026 witnesses and I.A.No.12 under Section 151 of CPC to reopen the stage for summoning the witnesses. The Trial Court by order dated 30.07.2026 has dismissed I.A.No.11 and I.A.No.12 and imposed cost of Rs.5,000/- to be deposited to TLSC, Bantwal. Being aggrieved, the plaintiff filed I.A.No.13 under Section 47 Rule 1 read with Section 151 of CPC seeking to review the order dated 30.07.2026. The Trial Court, by order dated 01.08.2026 has dismissed I.A.No.13 and imposed a further cost of Rs.3,000/- to be deposited to TLSC, Bantwal. Being aggrieved by the orders dated 30.07.2026 and 01.08.2026, the present writ petition is filed. 4. Ex.D-1, partition deed, is admitted by both the parties and it is not disputed by any of the parties and therefore, the question of summoning the proposed witnesses does not arise. Considering the same, the Trial Court has rightly rejected the applications. The Trial Court while dismissing the said applications has imposed cost of - 5 - HC-KAR CNR: KAHC010585032026 NC: 2026:KHC:46513 WP No. 26877 of 2026 Rs.5,000/- and further cost of Rs.3,000/-. However, in the interest of justice, this Court is of the opinion that the orders of the Trial Court, insofar as they relate to the imposition of costs, are required to be set aside. 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The order dated 30.07.2026 dismissing I.A.No.11 and I.A.No.12 and order dated 01.08.2026 dismissing I.A.No.13 passed by the Trial Court, are confirmed. However, the said orders only insofar as imposing cost of Rs.5,000/- and Rs.3,000/- are concerned, the same is set aside. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 15