- 1 - HC-KAR CNR: KAHC010170522021 NC: 2026:KHC:47925 W.P. No.8139/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.8139/2021 (GM-CPC) BETWEEN: 1. SMT. N.P. NAGARATHNA AGED ABOUT 56 YEARS W/O SRI. C.P. SADASHIVA REDDY R/AT NO.66, 13TH D CROSS NEAR GOVERNMENT SCHOOL KAGGADASAPURA C.V. RAMANAGARA POST BENGALURU-560093. …PETITIONER (BY SRI. SRINIVASAN T, ADV.,) AND: 1. SRI. V.G. SHIVAPRAKASH AGED ABOUT 42 YEARS S/O SRI. GAJENDRAN PROPRIETOR M/S PEACOCK PROPERTIES, NO.25/1 MEANEE AVENUE, TANK ROAD BHARATHINAGAR BENGALURU-560042. 2. SRI. R. PRASANNA KUMAR AGED ABOUT 37 YEARS S/O SRI RAMCHANDRAN REDDY NO.12, MANJUNATHA NILAYA INDIRA GANDHI, 1ST MAIN B UDAY NAGAR B. NARAYANAPURA DOORAVANINAGAR POST BENGALURU-560016. …RESPONDENTS (BY SRI. VASANTH V. FERNANDES, ADV., FOR R2 R1 SERVED AND UNREPRESENTED) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010170522021 NC: 2026:KHC:47925 W.P. No.8139/2021 THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS. QUASH THE ORDER DATED 01.04.2021 PASSED ON THE APPLICATION BEARING I.A.NO.5, UNDER ORDER 3 RULE 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE IN THE SUIT BEARING O.S.NO.5377/2020 ON THE LXXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-76) AS PER ANNEXURE-A, ALLOW THIS PETITION AND CONSEQUENTLY ALLOW THE APPLICATION IN I.A.NO.5 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 01.04.2021 passed on IA.No.5 in OS.No.5377/2020 by the LXXV Additional City Civil and Sessions Judge, Bengaluru, (CCH-76) (for short ‘the trial Court’). 2. Heard Sri.Srinivasan T., learned counsel appearing for the petitioner, Sri.Vasanth V. Fernandes, learned counsel for respondent No.2 and meticulously perused the material available on record. 3. The petitioner filed a suit in OS.No.5377/2020 against the respondents seeking recovery of money. In the - 3 - HC-KAR CNR: KAHC010170522021 NC: 2026:KHC:47925 W.P. No.8139/2021 said suit, the respondents filed their written statements and the matter was thereafter posted for trial. At that stage, the plaintiff filed an application under Order III Rule 2 read with Section 151 of Code of Civil Procedure, 1908 (for short ‘CPC’), seeking permission to adduce evidence through her Special Power of Attorney (SPA) holder, Sri.K.G.Srinivasa Murthy, on the ground that the plaintiff is suffering from an ailment. The trial Court, under the impugned order rejected the said application on the ground that the SPA holder did not have personal knowledge about the transactions. 4. A perusal of the affidavit accompanying the application indicates that the SPA holder claims to have the personal knowledge about the transactions. Be that as it may, it is required to be noticed that, if the SPA holder speaks more than his personal knowledge, it is always open for the defendants to cross-examine the SPA holder on the said aspect. In my considered view, the trial Court - 4 - HC-KAR CNR: KAHC010170522021 NC: 2026:KHC:47925 W.P. No.8139/2021 has committed a grave error in rejecting the application filed by the plaintiff. Hence, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 01.04.2021 passed in OS.No.55377/2020 by the LXXV Additional City Civil and Sessions Judge, Bengaluru, (CCH-76), is hereby set aside. Consequently, IA.No.5 filed by the plaintiff under Order III Rule 2 of the CPC is allowed. iii. The SPA holder of the plaintiff is permitted to adduce the evidence on behalf of the plaintiff. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 1 Sl No.: 24