- 1 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25966 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 26013 OF 2025 (GM-CPC) IN WP NO. 25966/2025 BETWEEN: 1. SMT.KHAIRUMUBI W/O DASTAGIRI SAB AGED ABOUT 75 YEARS 2. SRI.ASGHAR KHAN S/O DASTAGIRI SAB AGED ABOUT 45 YEARS BOTH ARE RESIDENT OF OPPOSITE TO S.B.M. SIRA GATE, TUMAKURU-572106 &PETITIONERS (BY SRI. SUNIL S RAO, ADVOCATE FOR SRI.T SESHAGIRI RAO., ADVOCATE) AND: 1. SMT.AFSARI W/O LATE CHAND PASHA AGED ABOUT 55 YEARS 2. SMT. TABSUM D/O LATE CHAND PASHA Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 W/O AFSAR KHAN AGED ABOUT 35 YEARS 3. SRI IMRAN PASHA S/O LATE CHAND PASHA AGED ABOUT 32 YEARS. 4. SMT.NAZIYA D/O LATE CHAND PASHA W/O MUSARATH AGED ABOUT 28 YEARS R/O GOODS SHED COLONY NEAR MASID, TUMAKURU- 572106 5. SRI.RIZWAN PASHA S/O LATE CHAND PASHA AGED ABOUT 28 YEARS. R1 TO 3 AND R5 ARE R/AT OPPOSITE TO S.B.M. SIRA GATE, TUMAKURU-572106. 6. SMT.JAMRUD W/O LATE SADIQ PASHA AGED ABOUT 50 YEARS 7. SMT. SALMA D/O LATE SADIQ PASHA AGED ABOUT 34 YEARS 8. SMT. ASMA D/O LATE SADIQ PASHA AGED ABOUT 32 YEARS. 9. SMT. NAZIMA D/O LATE SADIQ PASHA AGED ABOUT 29 YEARS. - 3 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 10. SRI.MUZYAYID SHAREEF S/O LATE SAIQ PASHA AGED ABOUT 32 YEARS. R6 TO R10 ARE OPPOSITE TO S.B.M. SIRA GATE, TUMAKURU-572106. 11. SRI.DAVOOD S/O LATE MOHAMAD RAHAMAN SHARIFF AGED ABOUT 65 YEARS. 12. SMT.NOOR JHAAN D/O LATE MOHAMAD RAHAMAN SHARIFF AGED ABOUT 60 YEARS 13. SRI.JAVID SHARIEF S/O LATE MOHAMAD RAHAMAN SHARIFF AGED ABOUT 58 YEARS R 11 TO R13 ARE R/AT OPPOSITE TO S.B.M. SIRA GATE, TUMAKURU-572106. 14. SMT.NOORJAN D/O LATE DASTAGIRI SAB W/O NAZEER AGED ABOUT 65 YEARS R/AT JAMMASOODI, TUMAKURU WARD NO.5, TUMAKURU TOWN-572106. 15. SMT.SHAJAN D/O LATE DASTAGIRI SAB W/O ANWAR PASHA AGED ABOUT 55 YEARS R/AT NEAR SHIVAGANGA PETROL BUNK SIRA GATE, TUMAKURU-572106. 16. SRI. ASLAM S/O LATE DASTAGIRI SAB - 4 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 AGED ABOUT 52 YEARS R/AT NEAR GOVT., PRIMARY SCHOOL TUDA LAYOUT, SIRA GATE TUMAKURU-572106. &RESPONDENTS (BY SRI. SHASHI KIRAN V., ADVOCATE FOR R1 TO R13: NOTICE TO R14 TO 16 ARE DISPENSED WITH V/O DATED: 24.10.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT/ORDER/DIRECTION IN THE NATURE OF CERTIORARI/SUCH OTHER WRIT/DIRECTION TO SET ASIDE THE IMPUGNED ORDER DATED: 18.08.2025 ONE PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, TUMKUR IN OS NO.532/2015 PASSES ON IA NO. 23 FILED UNDER ORDER VI RULE 17 OF CPC VIDE ANNEXURE-A TO MEET THE ENDS OF JUSTICE AND EQUITY AND CONSEQUENTLY PASS NECESSARY ORDERS TO ALLOW IA NO. 23 ANNEXURE-H AND ETC. IN WP NO. 26013/2025 BETWEEN: 1. SMT.KHAIRUMUBI W/O DASTAGIRI SAB AGED ABOUT 75 YEARS 2. SRI.ASGHAR KHAN S/O DASTAGIRI SAB AGED ABOUT 45 YEARS BOTH ARE RESIDENT OF OPPOSITE TO S.B.M. SIRA GATE, TUMAKURU-572106 &PETITIONERS - 5 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 (BY SRI. SUNIL S RAO, ADVOCATE FOR SRI.T SESHAGIRI RAO., ADVOCATE) AND: 1. SMT.AFSARI W/O LATE CHAND PASHA AGED ABOUT 55 YEARS 2. SMT. TABSUM D/O LATE CHAND PASHA W/O AFSAR KHAN AGED ABOUT 35 YEARS 3. SRI IMRAN PASHA S/O LATE CHAND PASHA AGED ABOUT 32 YEARS. 4. SMT.NAZIYA D/O LATE CHAND PASHA W/O MUSARATH AGED ABOUT 28 YEARS R/O GOODS SHED COLONY NEAR MASID, TUMAKURU- 572106 5. SRI.RIZWAN PASHA S/O LATE CHAND PASHA AGED ABOUT 28 YEARS. R1 TO 3 AND R5 ARE R/AT OPPOSITE TO S.B.M. SIRA GATE, TUMAKURU-572106. 6. SMT.JAMRUD W/O LATE SADIQ PASHA AGED ABOUT 50 YEARS 7. SMT. SALMA D/O LATE SADIQ PASHA - 6 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 AGED ABOUT 34 YEARS 8. SMT. ASMA D/O LATE SADIQ PASHA AGED ABOUT 32 YEARS. 9. SMT. NAZIMA D/O LATE SADIQ PASHA AGED ABOUT 29 YEARS. 10. SRI.MUZYAYID SHAREEF S/O LATE SAIQ PASHA AGED ABOUT 32 YEARS. R6 TO R10 ARE OPPOSITE TO S.B.M. SIRA GATE, TUMAKURU-572106. 11. SRI.DAVOOD S/O LATE MOHAMAD RAHAMAN SHARIFF AGED ABOUT 65 YEARS. 12. SMT.NOOR JHAAN D/O LATE MOHAMAD RAHAMAN SHARIFF AGED ABOUT 60 YEARS 13. SRI.JAVID SHARIEF S/O LATE MOHAMAD RAHAMAN SHARIFF AGED ABOUT 58 YEARS R 11 TO R13 ARE R/AT OPPOSITE TO S.B.M. SIRA GATE, TUMAKURU-572106. 14. SMT.NOORJAN D/O LATE DASTAGIRI SAB W/O NAZEER AGED ABOUT 65 YEARS R/AT JAMMASOODI, TUMAKURU WARD NO.5, TUMAKURU TOWN-572106. - 7 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 15. SMT.SHAJAN D/O LATE DASTAGIRI SAB W/O ANWAR PASHA AGED ABOUT 55 YEARS R/AT NEAR SHIVAGANGA PETROL BUNK SIRA GATE, TUMAKURU-572106. 16. SRI. ASLAM S/O LATE DASTAGIRI SAB AGED ABOUT 52 YEARS R/AT NEAR GOVT., PRIMARY SCHOOL TUDA LAYOUT, SIRA GATE TUMAKURU-572106. &RESPONDENTS (BY SRI. SHASHI KIRAN V., ADVOCATE FOR R1 TO R13) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT/ORDER/DIRECTION IN THE NATURE OF CERTIORARI/ SUCH OTHER WRIT/ DIRECTION TO SET ASIDE THE IMPUGNED ORDER DATED: 08/01/2025 ONE PASSED BY THE SENIOR CIVIL JUDGE, TUMKUR IN O.S.NO.532/2015 PASSED ON IA.NO.19 FILED UNDER SECTION 63(2) OF THE INDIAN EVIDENCE ACT, VIDE ANNEXURE-A TO MEET THE ENDS OF JUSTICE AND EQUITY AND CONSEQUENTIALLY PASS NECESSARY ORDERS TO ALLOW IA.NO.19 (ANNEXURE-F) AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 8 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 ORAL ORDER IN W.P.No.25966/2025 1. In this writ petition, the petitioners-defendant Nos.2 and 3 have called in question the order dated 18.08.2025 passed by the Prl. Senior Civil Judge and CJM, Tumakuru (for short 8Trial Court9) on I.A.No.XXIII filed by the defendant No.3 under Order VI Rule 17 of CPC, in O.S.No.532/2015, whereby the said application has been rejected. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiffs filed a suit in O.S.No.532/2015 before the Trial Court seeking relief of declaration and injunction. Upon service of suit summons, the defendants appeared and filed their written statement. When the matter was posted for arguments, the application i.e., I.A.No.XXIII has been filed by defendant No.3 under Order VI Rule 17 - 9 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 of CPC seeking amendment of the written statement. The Trial Court by impugned order dated 18.08.2025 has rejected the said application. Aggrieved by the said impugned order passed by the Trial Court, the present writ petition is filed by defendant Nos.2 and 3. 4. The amendment sought to the written statement has already been pleaded in the written statement. Considering the same, the Trial Court has rightly rejected the application. 5. Viewed from any angle, there is no error or illegality in the impugned order passed by the Trial Court warranting interference by this Court. 6. Accordingly, the writ petition is dismissed. 7. It is made clear that this order will not come in the way of petitioners to raise this ground in an appeal, if any, preferred under Section 104 of CPC, if law permits. - 10 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 IN W.P.No.26013/2025 1. In this writ petition, the petitioners-defendant Nos.2 and 3 have called in question the order dated 08.01.2025 passed by the Prl. Senior Civil Judge and CJM, Tumakuru (for short 8Trial Court9) on I.A.No.19 filed by the defendant No.3 under Order Section 63(2) of Indian evidence Act read with Section 151 of CPC, in O.S.No.532/2015, whereby the said application has been dismissed. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiffs filed a suit in O.S.No.532/2015 before the Trial Court seeking relief of declaration and injunction. Upon service of suit summons, the defendants appeared and filed their written statement. On the basis of the pleadings of the parties, the Trial Court has framed the issues and parties have adduced their evidence. During the course of arguments, the application i.e., I.A.No.19 - 11 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 has been filed under Section 63(2) of the Indian Evidence Act seeking for production of secondary evidence. The Trial Court by impugned order dated 08.01.2025 has dismissed the said application. Aggrieved by the said impugned order passed by the Trial Court, the present writ petition is filed by defendant Nos.2 and 3. 4. The application i.e., I.A.No.19 has been filed by the defendant No.3 under Section 63(2) of the Indian Evidence Act seeking for production of secondary evidence during the course of arguments. The defendant No.3 has explained the delay for non production of the said documents along with the written statement. As he had lost the originals, after securing the copies, he has filed the application seeking for production of the same. 5. After perusing the documents, this Court is of the opinion that by allowing the application filed under Section 63(2) of the Indian Evidence Act, it will not cause any prejudice to the interest of the plaintiffs. Hence, the - 12 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 application is liable to be allowed. However, since the application is filed at a belated stage, it would be appropriate to impose certain costs and conditions. 6. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 08.01.2025 passed by the Prl. Senior Civil Judge and CJM, Tumakuru on I.A.No.19 filed by the defendant No.3 under Order Section 63(2) of Indian evidence Act, in O.S.No.532/2015, is hereby set aside. c) Consequently, I.A.No.19 filed by the defendant No.3 under Section 63(2) of Indian evidence Act, is allowed, subject to payment of cost of Rs.15,000/- to the plaintiffs on the next date of hearing before the Trial Court. d) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as - 13 - HC-KAR NC: 2026:KHC:18183 WP No. 25966 of 2025 C/W WP No. 26013 of 2025 possible, not later than six months from the date of receipt of certified copy of this order. e) Parties are directed to co-operate for early disposal of the suit. All pending I.As, if any, in this writ petition are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 79