- 1 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 26472 OF 2026 (GM-CPC) BETWEEN: SRI MUNISWAMY REDDY SINCE DEAD BY HIS LEGAL REPRESENTATIVES 1. SRI. CHANDRASHEKAR S/O LATE MUNISWAMY REDDY AGED ABOUT 55 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 2. SRI. RAVINDRA S/O LATE MUNISWAMY REDDY AGED ABOUT 53 YEARS R/AT OPP. TO AKME HARMONY APTS., SARJAPURA MAIN ROAD, BELLANDUR POST, BENGALURU - 560 103. SRI. JANARDHANA, SINCE DEAD BY HIS LEGAL REPRESENTATIVES 3. SMT. TARAKESHWARI W/O LATE JANARDHANA AGED ABOUT 54 YEARS Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 R/AT NO. 203, 3RD FLOOR, 6TH CROSS, MITHILA PARADISE APARTMENT, KASAVANAHALLI, NEAR SHELL PETROL BUNK, BENGALURU - 560 035. 4. KUM. DHANUSHREE D/O LATE JANARDHANA AGED ABOUT 21 YEARS R/AT NO. 203, 3RD FLOOR, 6TH CROSS, MITHILA PARADISE APARTMENT, KASAVANAHALLI, NEAR SHELL PETROL BUNK, BENGALURU - 560 035. 5. KUM. SUSHMA D/O LATE JANARDHANA AGED ABOUT 19 YEARS R/AT NO. 203, 3RD FLOOR, 6TH CROSS, MITHILA PARADISE APARTMENT, KASAVANAHALLI, NEAR SHELL PETROL BUNK, BENGALURU - 560 035. 6. SRI. LAKSHMANA REDDY S/O LATE MUNISWAMY REDDY AGED ABOUT 49 YEARS R/AT NO. 9, 2ND CROSS, RAJIV GANDHI ROAD, JARAGANAHALLI, BENGALURU - 560 078. 7. SMT. SHASHIKALA W/O LATE KRISHNA REDDY DAUGHTER-IN-LAW OF LATE MUNISWAMY REDDY AGED ABOUT 40 YEARS R/AT NO. 14/15, 4TH MAIN ROAD, - 3 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 NAVODAYANAGAR, KOTHANURU, J.P. NAGAR 7TH PHASE, BENGALURU - 560 078. 8. SRI. SANTHOSH S/O LATE KRISHNA REDDY GRANDSON OF LATE MUNISWAMY REDDY AGED ABOUT 30 YEARS R/AT NO. 14/15, 4TH MAIN ROAD, NAVODAYANAGAR, KOTHANURU, J.P. NAGAR 7TH PHASE, BENGALURU - 560 078. 9. SRI. SAGAR S/O LATE KRISHNA REDDY GRANDSON OF LATE MUNISWAMY REDDY AGED ABOUT 18 YEARS, R/AT NO.14/15, 4TH MAIN ROAD, NAVODAYANAGAR, KOTHANURU, J.P. NAGAR 7TH PHASE, BENGALURU - 560 078. 10. SMT. LALITHAMMA D/O LATE MUNISWAMY REDDY W/O NAGAPPA REDDY AGED ABOUT 43 YEARS R/AT WEIGH BRIDGE GATE, FIRST BUS STOP, NEAR BAKERY, JIGANI, ANEKAL TALUK, BENGALURU - 562 106. 11. SMT. NIRMALA D/O LATE MUNISWAMY REDDY AGED ABOUT 41 YEARS - 4 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 R/AT NO. 17, BEHIND MARUTHI STORES, CHIKKABANASAWADI MAIN ROAD, BENGALURU - 560 043. 12. SMT. GOWRAMMA W/O LATE MUNISWAMY REDDY MAJOR IN AGE R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. …PETITIONERS (BY SRI. A MADHUSUDHANA RAO, ADVOCATE) AND: SRI VENKATAPPA REDDY, SINCE DEAD BY HIS LEGAL REPRESENTATIVES 1. SRI. GAJARAJU S/O LATE VENKATAPPA REDDY AGED ABOUT 45 YEARS R/AT NO. 34, MADANDEEP, BTM LAYOUT, 1ST STAGE, TAVAREKERE VILLAGE, BANGALORE - 560 029. 2. SRI. SOMASHEKAR S/O LATE VENKATAPPA REDDY AGED ABOUT 40 YEARS R/AT NO. 34, MADAN DEEP, BTM LAYOUT, 1ST STAGE, TAVAREKERE VILLAGE, BANGALORE - 560 029. - 5 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 SRI. H.N. LAKSHMAIAH REDDY, PLAINTIFF NO. 2, SINCE DEAD BY HIS LEGAL REPRESENTATIVES. 3. SMT. BEBAMMA W/O LATE H.N. LAKSHMAIAH REDDY AGED ABOUT 65 YEARS R/AT NO. 32, 2ND CROSS ROAD, YELLAMMADEVI TEMPLE STREET, ULSOOR, BANGALORE - 560 008. 4. SRI. DANAPPA S/O LATE H.N. LAKSHMAIAH REDDY AGED ABOUT 45 YEARS R/AT NO. 32, 2ND CROSS ROAD, YELLAMMADEVI TEMPLE STREET, ULSOOR, BANGALORE - 560 008. SRI. BHASKAR, SINCE DEAD BY HIS LEGAL REPRESENTATIVES 5. SMT. SATYA PREMA W/O LATE BHASKAR AGED ABOUT 59 YEARS R/AT MUGBALA (V) (P), HOSKOTE TALUK, BANGALORE RURAL - 562 114. 6. SMT. KAVITHA B. D/O LATE BHASKAR AGED ABOUT 43 YEARS R/AT NO. 758, 9TH STREET, FERNS PARADISE, DODDANEKUNDI, BANGALORE - 560 037. - 6 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 7. SMT. NEETU D/O LATE BHASKAR AGED ABOUT 40 YEARS R/AT MUGBALA (V) (P), HOSKOTE TALUK, BANGALORE RURAL - 562 114. 8. SRI. RAJA S/O LATE H.N. LAKSHMAIAH REDDY AGED ABOUT 40 YEARS R/AT NO. 32, 2ND CROSS ROAD, YELLAMMADEVI TEMPLE STREET, ULSOOR, BANGALORE - 560 008. 9. SRI. NARENDRA S/O LATE H.N. LAKSHMAIAH REDDY AGED ABOUT 38 YEARS R/AT NO. 32, 2ND CROSS ROAD, YELLAMMADEVI TEMPLE STREET, ULSOOR, BANGALORE - 560 008. 10. SRI. GOVARDHAN S/O LATE H.N. LAKSHMAIAH REDDY AGED ABOUT 35 YEARS R/AT NO. 32, 2ND CROSS ROAD, YELLAMMADEVI TEMPLE STREET, ULSOOR, BANGALORE - 560 008. SRI. H.N. KRISHNA REDDY, SINCE DEAD BY HIS LEGAL REPRESENTATIVES 11. SMT. PAPAMMA W/O LATE H.N. KRISHNA REDDY - 7 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 AGED ABOUT 65 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 12. SRI. H.K. RAJAGOPAL S/O LATE H.N. KRISHNA REDDY AGED ABOUT 43 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 13. SMT. RAMAKKA W/O LATE GUNDAPPA REDDY DAUGHTER-IN-LAW OF LATE NANJUNDAPPA MAJOR IN AGE R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, KARMELARAM POST, BANGALORE SOUTH TALUK, BANGALORE - 560 035. 14. SRI. SRINIVASA REDDY S/O LATE GUNDAPPA REDDY MAJOR IN AGE R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, KARMELARAM POST, BANGALORE SOUTH TALUK, BANGALORE - 560 035. SMT. RAJAMMA, SINCE DEAD BY HER LEGAL REPRESENTATIVES. - 8 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 15. SMT. MEENAKSHAMMA W/O SRI. P. KRISHNA REDDY D/O LATE RAJAMMA AGED ABOUT 58 YEARS R/AT DODDAKANNELLI VILLAGE, SARJAPURA MAIN ROAD, CARMELARAM POST, BANGALORE - 560 035. 16. SMT. S. SARASAMMA W/O SRI MADHAVA REDDY D/O LATE RAJAMMA AGED ABOUT 55 YEARS R/AT DODDAKANNELLI VILLAGE, SARJAPURA MAIN ROAD, CARMELARAM POST, BANGALORE - 560 035. 17. SMT. S. RATHNA D/O LATE RAJAMMA AGED ABOUT 52 YEARS R/AT DODDAKANNELLI VILLAGE, SARJAPURA MAIN ROAD, CARMELARAM POST, BANGALORE - 560 035. 18. SMT. S. NEELA W/O SRI. S. ASHOK KUMAR D/O LATE RAJAMMA AGED ABOUT 46 YEARS R/AT DODDAKANNELLI VILLAGE, SARJAPURA MAIN ROAD, CARMELARAM POST, BANGALORE - 560 035. - 9 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 19. SMT. S. MANJULA W/O SRI R. CHANDRA REDDY D/O LATE RAJAMMA AGED ABOUT 45 YEARS R/AT DODDAKANNELLI VILLAGE, SARJAPURA MAIN ROAD, CARMELARAM POST, BANGALORE - 560 035. 20. SRI. CHANDRASHEKAR S/O LATE RAMAIAH REDDY MAJOR IN AGE R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 21. SRI. SRINIVAS S/O LATE RAMAIAH REDDY MAJOR IN AGE R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 22. SMT. HAMSA W/O NARAYANASWAMY D/O LATE H.N. KRISHNA REDDY AGED ABOUT 50 YEARS R/AT MARUTHINAGARA VILLAGE, BANGALORE - 560 029. 23. SMT. NALANI W/O DEVARAJU D/O LATE H.N. KRISHNA REDDY - 10 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 AGED ABOUT 48 YEARS R/AT MARATHAHALLI, BENGALURU - 560 037. 24. SMT. NANJAMMA W/O LATE LAKSHMAIAH MAJOR IN AGE R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 25. SRI. N.L. RAMA REDDY S/O LATE LAKSHMAIAH MAJOR IN AGE R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. SRI. GURAPPA, SINCE DEAD BY HIS LEGAL REPRESENTATIVES 26. SRI. UMAPATHY S/O LATE GURAPPA AGED ABOUT 44 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 27. SRI. SOMASHEKAR S/O LATE GURAPPA AGED ABOUT 42 YEARS - 11 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 28. SRI. VENKATASWAMY S/O LATE GURAPPA AGED ABOUT 40 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 29. SRI. JAGADEESH S/O LATE GURAPPA AGED ABOUT 38 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 30. SRI. N.L. ANANDA REDDY S/O LATO NARAYANA REDDY MAJOR IN AGE R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 31. SRI. SURESH S/O LATE NARAYANA REDDY MAJOR IN AGE R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), - 12 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 BENGALURU - 560 035. SRI. H.N. NARAYANA REDDY, SINCE DEAD BY HIS LEGAL REPRESENTATIVES 32. SMT. LAKSHMAMMA W/O LATE H.N. NARAYANA REDDY AGED ABOUT 75 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 33. SMT. H.N. HEMALATHA D/O LATE H.N. NARAYANA REDDY AGED ABOUT 55 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 34. SRI H.N. BABU S/O LATE H.N. NARAYANA REDDY AGED ABOUT 53 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 35. SMT. H.N. SHASHIKALA D/O LATE H.N. NARAYANA REDDY AGED ABOUT 51 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, - 13 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 36. SMT. H.N. SHYLA D/O LATE H.N. NARAYANA REDDY AGED ABOUT 48 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 37. SRI. VIJAYA KUMAR S/O LATE H.N. NARAYANA REDDY AGED ABOUT 43 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 38. SMT. SUMITHRAMMA D/O NARAYANA REDDY AGED ABOUT 52 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 39. SMT. PREMA D/O NARAYANA REDDY AGED ABOUT 56 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. - 14 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 40. SMT. AMBUJA D/O NARAYANA REDDY AGED ABOUT 43 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 41. SRI. KIRAN S/O KOMALA AGED ABOUT 26 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. 42. MS. SHWETHA D/O INDRAMMA AGED ABOUT 26 YEARS R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK), BENGALURU - 560 035. …RESPONDENTS (BY SRI. K. RAGHAVENDRA, ADVOCATE FOR R1 TO R23; VIDE ORDER DATED 28.08.2026, NOTICE TO R24 TO R42 ARE DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DATED 10.07.2026 PASSED BY THE IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, IN O.S.NO.598/1999 FOUND AT ANNEXURE-K AND THE IMPUGNED ORDER DATED 31.07.2026 - 15 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 PASSED THE LEARNED 4TH ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE, FOUND AT ANNEXURE-Q, AND CONSEQUENTLY ALLOW THE APPLICATIONS FILED BY THE PETITIONERS UNDER SECTION 151 AND ORDER XVIII RULE 17 OF THE CODE OF CIVIL PROCEDURE, 1908, BY PERMITTING THE PETITIONERS TO RECALL AND CROSS-EXAMINE DW.1, ALLOW THIS WRIT PETITION WITH COSTS, AND GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY AND 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 orders dated 10.07.2026 and 31.07.2026 passed in O.S.No.598/1999 by the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (hereinafter referred to as the 'trial Court' for short). - 16 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 2. Heard Sri A. Madhusudhana Rao, learned counsel for the petitioners and Sri Raghavendra K., learned counsel for respondent Nos.1 to 23. 3. Respondent Nos.1 to 23 filed a suit in O.S.No.598/1999 seeking the relief of declaration and injunction. In the said suit, the petitioners herein are the legal representatives of deceased defendant No.9. They have filed two applications. One application is filed under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') seeking to recall DW-1 for the purpose of cross-examination by setting aside the orders dated 01.09.2025, 17.09.2025 and 22.06.2026. Another application was filed under Order XVIII Rule 17 read with Section 151 of the CPC, seeking to recall the stage from arguments to enable the legal representatives of defendant No.9 to lead evidence. The trial Court heard both the applications and, vide orders dated 10.07.2026 and 31.07.2026, rejected both the applications on cost of Rs.1,000/- each respectively. - 17 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 4. Insofar as the application filed by the legal representatives of defendant No.9 seeking to recall DW-1 and permit them to cross-examine DW-1 is concerned, a perusal of the material on record indicates that there is no conflict of interest between the parties. Considering the said aspect, the trial Court rejected the application. I do not find any good ground to interfere with the order dated 10.07.2026 rejecting the application seeking to recall DW- 1. The said order is affirmed. 5. It is to be noticed that the legal representatives of defendant No.9 were brought on record and, thereafter, they could not lead evidence. Hence, they filed second application seeking to recall the stage from arguments and sought permission to lead evidence. The trial Court, vide order dated 31.07.2026, recorded the reasons that the parties to the suit have protracted the matter by filing application one after another. The trial Court further records that, the filing such an application at the fag end - 18 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 of the proceedings was only with the intention of dragging the proceedings, and accordingly rejected the application. 6. It is to be noticed that, though the legal representatives of defendant No.9 were provided with an opportunity to adduce evidence, they failed to lead evidence. The suit in question is a suit for declaration and injunction, and the legal representatives of defendant No.9 are claiming an independent right over the immovable property in the said suit. Keeping in mind the principles of natural justice and to provide one more opportunity is necessary, it would be appropriate to allow the second application filed by them to lead their evidence. However, the said application is required to be allowed on terms. Hence, I proceed to pass the following: ORDER i) The writ petition is allowed-in-part. ii) The impugned order dated 10.07.2026 is upheld. The order dated 31.07.2026 passed by the trial Court is hereby set aside. - 19 - HC-KAR CNR: KAHC010582172026 NC: 2026:KHC:46545 WP No. 26472 of 2026 iii) Consequently, the second application filed under Order XVIII Rule 17 of the CPC by the legal representatives of defendant No.9 seeking permission to lead evidence is allowed. iv) The legal representatives of defendant No.9 are permitted to file their affidavit evidence on or before 09.09.2026. v) It is needless to state that the plaintiffs shall have the right to cross-examine the said witness. vi) It is made clear that no further time shall be granted to lead evidence to the petitioner. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS/List No.: 1 Sl No.: 11