- 1 - HC-KAR NC: 2026:KHC:3639 WP No. 1535 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1535 OF 2026 (GM-CPC) BETWEEN: MURUGENDRA SWAMY, AGED 59 YEARS S/O LATE CHIKKALINGAPPA MARIYALA GRAMA, KASABA HOBLI, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT – 577 301 …PETITIONER (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. BHARATH M. S. S/O SHANTHAPPA AGED 37 YEARS R/A NO.65, GOWRISHANKARA NAGARA, OOTY MAIN ROAD, MYSURU – 570 001 2. TEJASWINI D/O LATE SHANTHAPPA, W/O PRASHANTH AGED 35 YEARS R/A NO.65, GOWRISHANKARA NAGARA, OOTY MAIN ROAD, MYSURU – 570 001 3. M.S. MANU S/O SHANTHAPPA AGED ABOUT 33 YEARS R/A NO.65 GOWRISHANKARA NAGARA, OOTY MAIN ROAD, MYSURU – 570 001 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3639 WP No. 1535 of 2026 4. PREMALATHA W/O MURUGENDRA SWAMY AGED MAJOR, MARIYALA GRAMA, KASABA HOBLI, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT – 577 301 5. RAMYA D/O MURUGENDRA SWAMY AGED MAJOR, R/A GOVERNMENT HOSPITAL ROAD, HOSAKOTE GRAMA, CHIKKAYANACHATRA HOBLI, NANJANGUDU TALUK, MYSORE – 570 001 6. RESHMA D/O MURUGENDRA SWAMY AGED MAJOR, MARIYALA GRAMA, KASABA HOBLI, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT – 577 301 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTIONS OR ORDER QUASHING THE ANNEXURE- G THAT THE ORDER DATED 09.12.2025 PASSED IN O.S.NO. 144/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., AT CHAMARAJANAGAR CONSEQUENTLY ALLOW THE PETITIONER TO ADDUCE HIS EVIDENCE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: - 3 - HC-KAR NC: 2026:KHC:3639 WP No. 1535 of 2026 “a) Issue writ of certiorari or any other appropriate writ, directions or order quashing the Annexure-G that the Order dated 09.12.2025 passed in O.S.No.144/2021 on the file of the I Additional Senior Civil Judge and JMFC., at Chamarajanagar consequently allow the petitioner to adduce his evidence, in the interest of justice and equity. b) Grant such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents is dispensed with. 3. After arguing the matter for some time, learned counsel for the petitioner submits that since the petitioner, who is defendant No.1 in the suit has not adduced evidence at all in the suit, the trial Court without providing an opportunity to the petitioner to adduce evidence has posted the matter for final arguments after completion of further cross examination of PW1 and PW2. 4. It is therefore submitted that the petition may be disposed of reserving liberty in favour of the petitioner to file application(s) seeking permission before the trial Court to adduce - 4 - HC-KAR NC: 2026:KHC:3639 WP No. 1535 of 2026 oral and documentary evidence in support of his defence and the said application(s) may be directed to be considered in accordance with law. 5. The aforesaid submission is placed on record. 6. Accordingly, the petition stands disposed of reserving liberty in favour of the petitioner to make appropriate application(s) before the trial Court seeking permission to reopen the case and for permission to adduce oral and documentary evidence as well as production of documents. 7. If such application(s) are filed, the trial Court shall consider the same and pass appropriate orders in accordance with law. 8. Subject to the aforesaid directions and liberty reserved in favour of the petitioner, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 24