- 1 - HC-KAR CNR: KAHC010558582026 NC: 2026:KHC:52408 WP No. 25503 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 25503 OF 2026 (GM-CPC) BETWEEN: 1. SRI. ANSARULLA SHARIFF S/O UBEDULLA SHARIFF, AGED ABOUT 53 YEARS, R/AT KYALANURU VILLAGE, VEMAGAL HOBLI, KOLAR TALUK - 563 157. 2. SMT. RAHAMATHUNNISSA D/O LATE ABDUL RAZACK, W/O UBEDULLA SHARIFF, AGED ABOUT 83 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT PRESENTLY R/AT NO. 16/6, 3RD CROSS, DR. T.C.M, RAYAN ROAD, BANGALORE-53. …PETITIONERS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. SMT. ZAREEN TAJ W/O LATE RAHAMATH ULLA, AGED ABOUT 65 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 2. SRI. A. MASTAN SAB S/O LATE ABDUL KHUDDUS, AGED ABOUT 77 YEARS, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010558582026 NC: 2026:KHC:52408 WP No. 25503 of 2026 R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 3. SRI. A. ABDUL AZEEZ S/O LATE ABDUL KHUDDUS, AGED ABOUT 75 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 4. SMT. HASEEN TAJ D/O LATE ABDUL KHUDDUS, AGED ABOUT 62 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 5. SRI. J. SUBBARAYA SHETTY S/O J.S. KRISHNA MURTHY SHETTY, AGED ABOUT 75 YEARS, C/O ESHANYA, NEAR B.D.O. OFFICE, BANGALORE ROAD, CHINTAMANI TOWN. LATE SABDAR BEIG (SINCE DECEASED REPRESENTED BY HIS LRS) 6. SMT. SHAHIDA BEGUM W/O LATE SABDAR BEIG, AGED ABOUT 60 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK 7. SRI. ASADULLA BEIG S/O LATE SABDAR BEIG, AGED ABOUT 48 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 8. SMT. DR. KISHWER JEHAN BEGUM W/O DR. AFTAB BAIG, D/O LATE DR. SAFDER BAIG, AGED ABOUT 42 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. - 3 - HC-KAR CNR: KAHC010558582026 NC: 2026:KHC:52408 WP No. 25503 of 2026 9. SMT.DR. KHYSER JEHAN BEGUM W/O DR. MOHAMMED TANVEER ULLA KHAN, D/O LATE SAFDER BAIG, AGED ABOUT 36 YEARS, R/AT 2ND FLOOR, SHAHED COMPLEX, NEAR ANJANI THEATRE, N.R. EXTENSION, CHINTAMANI - 563125. 10. SMT. DR. KAUSAR JEHAN BEGUM W/O DR. MOHAMMED IMRAN, D/O LATE DR. SAFDER BAIG AGED ABOUT 33 YEARS, R/AT II FLOOR, SHAHED COMPLEX, NEAR ANJANI THEATRE, N.R. EXTENSION, CHINTAMANI CITY- 563 125. 11. SMT. DR. KAUSAR JEHAN BEGUM W/O DR. MOHAMMED IMRAN, D/O LATE DR. SAFDER BAIG AGED ABOUT 33 YEARS, R/AT D2, 204, MAZYAD VILLAGE, ABUDHABI, UAE-NO.307501. 12. SRI. SYED MEHABOOB S/O SYED DASTAGIR, AGED ABOUT 71 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. LATE SYED RAWOOF (SINCE DECEASED REPRESENTED BY HIS LRS) 13. SMT. ZAREEN TAJ W/O LATE SYED RAWOOF, AGED ABOUT 40 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK 14. SRI. SYED IRFAN S/O LATE SYED RAWOOF, AGED ABOUT 20 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. - 4 - HC-KAR CNR: KAHC010558582026 NC: 2026:KHC:52408 WP No. 25503 of 2026 15. SMT. MEHR TAJ D/O SYED SARDAR, AGED ABOUT 45 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK 16. SRI. SYED IBRAHIM S/O SYED DASTAGIR AGED ABOUT 50 YEARS R/AT CHINNASANDRA VILLAGE KASABA HOBLI, CHINTAMANI TALUK SRI. SYED USMAN (SINCE DECEASED REPRESENTED BY HIS LRS) 17. SMT. ZAREEN TAJ W/O LATE SYED USMAN, AGED ABOUT 51 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK 18. SRI. IMRAN S/O LATE SYED USMAN, AGED ABOUT 30 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 19. SRI. SYED RAZAK S/O LATE SYED DASTAGIR AGED ABOUT 60 YEARS R/AT CHINNASANDRA VILLAGE KASABA HOBLI, CHINTAMANI TALUK 20. SMT. JAIBUNNISSA @ MUSHAR W/O GULAB JAN, AGED ABOUT 45 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 21. SRI. AFSAR PASHA S/O GHOUSE SHARIEFF AGED ABOUT 60 YEARS, R/AT CHINNASANDRA VILLAGE KASABA HOBLI, CHINTAMANI TALUK - 5 - HC-KAR CNR: KAHC010558582026 NC: 2026:KHC:52408 WP No. 25503 of 2026 22. SMT. RUBIYA W/O LATE ABDUL MASZID, AGED ABOUT 57 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 23. SMT. SHAHANAZ W/O LATE FAYAZ PASHA, AGED ABOUT 52 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 24. SRI. SABEER PASHA S/O LATE MOHAMMED JAFER, AGED ABOUT 50 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 25. SRI. MOHIDDIN PASHA S/O LATE MOHAMMED JAFER, AGED ABOUT 50 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 26. SRI. SHAKEER PASHA S/O LATE MOHAMMED JAFER, AGED ABOUT 48 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 27. SRI. RAMANJI S/O VENKATARAVANAPPA, AGED ABOUT 45 YEARS, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 28. SRI. KRISHNAREDDY S/O OBIREDDY, AGED MAJOR, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 29. SRI. ANJINAPPA AGED MAJOR, - 6 - HC-KAR CNR: KAHC010558582026 NC: 2026:KHC:52408 WP No. 25503 of 2026 R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. 30. SRI. NARAYANASWAMY S/O KADIREPPA, AGED MAJOR, R/AT CHINNASANDRA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK. …RESPONDENTS (BY SRI. M. MADHUSUDAN, ADVOCATE FOR SRI. V. VISWANATHSETTY, ADVOCATE FOR RESPONDENT NO.5; SRI. P.S.BABU NARAYANA, ADVOCATE FOR RESPONDENT NO.7; VIDE ORDER DATED 23.09.2026, NOTICE TO RESPONDENT NOS.1 TO 4, 6, 8 TO 30 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 16.07.2026 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, CHINTAMANI IN OS.NO.37/2015, IN SO FAR AS IT REJECTS THE IA NO. 21/2026 VIDE ANNEXURE-A AND THEREBY ALLOW THE L.A. NO.21/2026 FILED BY PETITIONER IN O.S. NO.37/2015, VIDE ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard Sri.Shivaprasad Shantanagoudar, learned counsel for the petitioners and Sri.M.Madhusudan, advocate for Sri.V.Viswanathsetty, learned counsel for respondent No.5 as well as Sri. P.S.Babu Narayana, learned counsel for caveator/ respondent No.7. - 7 - HC-KAR CNR: KAHC010558582026 NC: 2026:KHC:52408 WP No. 25503 of 2026 2. This petition is filed impugning the order dated 16.07.2026 passed in O.S.No.37/2015 on I.A.No.21/2026, filed under Order III Rule 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’), seeking permission for the Special Power of Attorney (hereinafter referred to as ‘SPA’) holder to conduct the suit. In view of its earlier order dated 28.03.2019, the Trial Court rejected the said application. 3. Learned counsel appearing for the petitioners, inviting the attention of this Court to Annexures-F and F1, being the memo filed by the Court Commissioner along with the report, submits that the Court Commissioner was appointed for recording the evidence of the plaintiff. It is submitted that, due to the ill- health of petitioner No.2/plaintiff, permission to the SPA holder is necessary in view of the changed circumstances. 4. Sri. V. Vishwanathsetty, learned counsel, undertakes to file vakalath for respondent No.5. Sri. P.S. Babu Narayana, learned counsel, appears for the caveator/respondent No.7. Considering the limited issue involved in the present case, notice to the other respondents is dispensed with. - 8 - HC-KAR CNR: KAHC010558582026 NC: 2026:KHC:52408 WP No. 25503 of 2026 5. Considered the submissions made by the learned counsel for the petitioners and the respondents. 6. The Trial Court rejected the application mainly on the basis of its earlier order dated 28.03.2019, whereby an application seeking a similar relief had been rejected. The Trial Court, however, has not considered the changed circumstances necessitating the filing of the present application. Considering that the plaintiff was unable to enter the witness box, the Trial Court had permitted the appointment of a Court Commissioner for recording the evidence of the plaintiff. The Court Commissioner, as per Annexure-F1, has submitted a report stating that petitioner No.2/plaintiff is unable to speak and, therefore, the oath could not be administered to her. 7. The aforesaid compelling changed circumstances, necessitating the filing of the present application, have not been considered by the Trial Court. In view of the report submitted by the Court Commissioner, as per Annexure-F1, the order rejecting the application filed under Order III Rule 2 of - 9 - HC-KAR CNR: KAHC010558582026 NC: 2026:KHC:52408 WP No. 25503 of 2026 the CPC cannot be sustained. This Court is, therefore, inclined to entertain the present petition. 8. Accordingly, the following order: ORDER i. The petition is allowed; ii. The impugned order dated 16.07.2026 in O.S.No.37/2015, is hereby set aside; iii. I.A.No.21/2026 filed by the plaintiff under Order III Rule 2(a) the Code of Civil Procedure, 1908, is hereby allowed. Sd/- (K. V. ARAVIND) JUDGE BKN List No.: 1 Sl No.: 5