- 1 - HC-KAR NC: 2026:KHC:21500 WP No. 12240 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12240 OF 2026 (GM-CPC) BETWEEN: SRI KALUBANDI CHANDRASHEKAR AGED ABOUT 50 YEARS S/O LATE KALUBANDI SATYNARAYANA SHASTRY R/A NO 62, MIG 2ND STAGE NEAR RELIANCE FRESH, K H B COLONY BASAVESHWARA NAGAR BENGALURU - 560079 &PETITIONER (BY SRI. A. ABHINAV RAMANAND., ADVOCATE) AND: 1. SMT. D N SAVITRI AGE ABOUT 59 YEARS D/O LATE KALUBANDI SATYANARAYANA SHASTRY R/AT NO 6-8-949, NGO S COLONY OPP DIVYARAMAM NURSERY KAPILATHIRTHA BYPASS THIRUPATHI ANDHRA PRADESH. 2. SMT K S SUBBARATHNA AGE ABOUT 62 YEARS D/O LATE KALUBANDI SATYANARAYANA SHASTRY R/A NO 15, ANANDA NILAYAM 13TH MAIN ROAD, 2ND CROSS RAJAREDDY LAYOUT BHARATNAGAR, BENGALURU -560091. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21500 WP No. 12240 of 2026 3. KUM.KALUBANDI GAYATRI AGE ABOUT 20 YEARS D/O KALUBANDI CHANDRASHEKAR R/AT NO 62, MIG 2ND STAGE NEAR RELIANCE FRESH K H B COLONY, BASAVESHWARA NAGAR BENGALURU - 560079. 4. SMT SREEDEVI AGED ABOUT 29 YEARS D/O KALUBANDI SATYANARAYANA SHASTRY R/AT NO 01, 3RD CROSS 2ND MAIN, BSK 2ND STAGE BIKASIPURA, ISRO LAYOUT BEHIND UPAHAR HOTEL J P NAGAR BENGALURU - 560091. &RESPONDENTS (BY SRI.V LAKSHMI NARAYANA, SENIOR COUNSEL FOR SRI PRASHANTH P N., ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 24.02.2026 PASSED BY THE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BANGALORE (CCH- 29) IN O.S NO. 25855/21 AT ANNEXURE-G TO THE PRESENT WRIT PETITION AND REJECT IA NO. 3 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant No.2 under Article 227 of the Constitution of India, challenging the order dated 24.02.2026 passed by the XXVIII Additional - 3 - HC-KAR NC: 2026:KHC:21500 WP No. 12240 of 2026 City Civil and Sessions Judge, Bengaluru (hereinafter referred to as <the trial court=) on I.A. No.3 in O.S. No.25855/2021, whereby I.A. No.3 filed by the plaintiff under Order XVI Rule 6 r/w. Section 151 of the Code of Civil Procedure (for short, <CPC=) has been allowed. 2. For the sake of convenience, the parties are referred to as per their ranking before the trial court. 3. The respondent No.1/plaintiff instituted a suit in O.S. No.25855/2021 for partition and separate possession. Upon service of summons, the defendants appeared through the counsel and filed their written statement. Thereafter, the plaintiff filed an application under Order XVI Rule 6 of CPC seeking a direction to the Chartered Accountant, namely, Sri E. Phalgune Kumar & Company, to furnish the Income Tax Returns (ITRs) of late K.Satyanarayana Shastry for the period from 1999 to 2021 and the ITRs of the petitioner/defendant No.2 for the period from 1999 to 2025. The said application was - 4 - HC-KAR NC: 2026:KHC:21500 WP No. 12240 of 2026 allowed. Aggrieved by the same, the petitioner is before this Court. 4. The learned counsel appearing for the petitioner submits that if the plaintiff seeks production of records relating to Income Tax Returns, the direction ought to be sought from the Income Tax Department and not from the Chartered Accountant. It is contended that the trial court has erred in directing the Chartered Accountant to produce the ITRs of late K.Satyanarayana Shastry and the petitioner herein. 5. Per contra, the learned Senior Counsel appearing for the plaintiff submits that the plaintiff may be permitted to file a fresh application seeking a direction to the Income Tax Department to produce the said ITRs of late K.Satyanarayana Shastry and the petitioner herein. 6. In view of the above, the following: - 5 - HC-KAR NC: 2026:KHC:21500 WP No. 12240 of 2026 ORDER (i) The writ petition is allowed. (ii) The order dated 24.02.2026 passed by the XXVIII Additional City Civil and Sessions Judge, Bengaluru, on I.A. No.3 in O.S. No.25855/2021 is hereby set aside, reserving liberty to the respondent No.1/plaintiff to file a fresh application in accordance with law. (iii) All contentions of the parties are left open. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 40