- 1 - HC-KAR CNR: KAHC010668292026 NC: 2026:KHC:54117 WP No. 30592 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 30592 OF 2026 (GM-CPC) BETWEEN: 1. SMT RADHIKA RAO SINCE DEAD BY L.R PRATHAM A PAI S/O LATE AJITH PAI AGED ABOUT 24 YEARS R/AT NO. 2B,1ST FLOOR SREE SREEWARI NILAYAM NAGASHETTIHALLI BENGALURU-560094 PERMANENT ADDRESS NO.12-54/2 VISHRAM, RAJARATNAPURA MANNABETTU KINNIGOLI DASHINA KANNADA -574150 …PETITIONER (BY SRI ABISHEK MARLA M. J., ADVOCATE) AND: 1. VIKAS AGGARWAL, S/O NARENDRA AGARWAL R/AT VISHWAS AVENUE APARTMENT AGED ABOUT 44 YEARS PLOT NO 47/A, VIVEKANANDA COLONY, UMARBAG LAYOUT 2ND MAIN ROAD JP NAGAR POST, BENGALURU 560078 2. PREETHI AGGARWAL D/O VIKAS AGGARWAL Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010668292026 NC: 2026:KHC:54117 WP No. 30592 of 2026 AGED MAJOR R/AT VISHWAS AVENUE APARTMENT PLOT NO 47/A VIVEKANANDA COLONY UMARBAG LAYOUT 2ND MAIN ROAD JP NAGAR POST, BENGALURU 560078 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE COMMON ORDER DATED 05.09.2026 PASSED ON IA NO. 19,20, 21 AND 22 FILED IN O S NO. 5586/2016 PASSED BY THE I ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-2) AT BENGALURU (PRODUCED AS ANNX-A) AND CONSEQUENTLY TO ALLOW IA NO. 19, 20, 21 AND 22 AS PRAYED FOR. 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 The present petition impugns the order dated 05.09.2026 passed in O.S. No.5586/2016, whereby I.A. Nos.19, 20, 21 and 22 came to be rejected. 2. I.A. No.19 was filed under Section 151 of the CPC, seeking to reopen the case and recall D.W.2 for further cross- examination. I.A. No.20 was filed under Order XVIII Rule 17 read with Section 151 of the CPC, seeking issuance of witness summons to Mr. Paramashivaiah, Advocate. I.A. No.21 was filed under Order XVI Rule 1 read with Section 151 of the CPC, - 3 - HC-KAR CNR: KAHC010668292026 NC: 2026:KHC:54117 WP No. 30592 of 2026 seeking permission to file a list of witnesses. I.A. No.22 was filed under Order XVI Rules 1 and 2 read with Section 151 of the CPC, seeking issuance of notice to Mr. Paramashivaiah, Advocate, to adduce evidence. 3. It is stated that the suit was instituted by the grandmother of the petitioner herein. It is submitted that, although allegations of fraud and collusion have been made in the pleadings, the dispute revolves around the registered gift deed. It is further submitted that D.W.2 is a witness to the said document and that the learned counsel who drafted the gift deed is required to be examined. It is in that regard that the aforesaid applications came to be filed. 3.1 It is contended that the Trial Court, without considering the necessity of further cross-examination of D.W.2 and the examination of the scribe of the gift deed, has erroneously rejected the applications. 4. Considered the submissions made by the learned counsel for the petitioner and perused the impugned order. - 4 - HC-KAR CNR: KAHC010668292026 NC: 2026:KHC:54117 WP No. 30592 of 2026 5 The suit is of the year 2016. As is evident from the averments made in the plaint, allegations have been made that defendant No.1, by fraud, misrepresentation, coercion and undue influence, got the gift deed in question executed. When the entire case is founded on allegations of coercion and misrepresentation, nothing prevented the petitioner from examining the scribe of the registered gift deed. 6. Moreover, D.W.2 has already been examined and cross- examined. After closure of the evidence, the stage was again reopened and D.W.2 was further cross-examined. The present applications have been filed at the stage when the suit is posted for final arguments. 7. In the affidavits accompanying the applications, it is stated that the scribe of the document was not known to the plaintiff and that, after the death of the original plaintiff, the applications have been filed by the legal heirs. It is further pleaded that defendant Nos.1 and 2, in collusion with the scribe of the document, got the gift deed executed and registered. It - 5 - HC-KAR CNR: KAHC010668292026 NC: 2026:KHC:54117 WP No. 30592 of 2026 is contended that, in order to establish the said allegation, the scribe is required to be summoned and examined as a witness. 8. Having regard to the pleadings in the suit, the reasons assigned in the affidavits in support of the prayers made in the applications, the findings recorded by the Trial Court, the stage at which the suit presently stands, and the fact that the suit has been pending for more than ten years, this Court finds no justification to entertain the applications at this belated stage. No justifiable grounds can be found why such exercise was not undertaken when such opportunity to record evidence was available. 9. No grounds are made out warranting interference with the impugned order. Accordingly, the writ petition stands dismissed. Sd/- (K. V. ARAVIND) JUDGE VP List No.: 1 Sl No.: 53