- 1 - HC-KAR NC: 2026:KHC:6150 WP No. 16417 of 2025 C/W WP No. 11373 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 16417 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 11373 OF 2025 (GM-CPC) IN WP No. 16417/2025 BETWEEN: 1. SMT N LATHA @ LATHA NARAYAN MOORTHY AGED ABOUT 50 YEARS, PRESENTLY R/A NO.1-131, TANDAM ROAD, TEXAS, U.S.A. AADHAR NO.4278 1086 5695 PERMANENT ADDRESS NO.809, M.E.S.ROAD, 13TH CROSS, MUTHYALA NAGARA, JALAHALLI, BENGALURU - 560 054. REP. BY HER NATURAL FATHER AND GPA HOLDER M.NARAYAN MOORTHY, S/O LATE M.K.MUNISWAMY, AGED ABOUT-77 YEARS, NO.809, M.E.S.ROAD, 13TH CROSS, MUTHYALA NAGARA, JALAHALLI, BENGALURU-560054. 2. V.R.SHEKAR, S/O RAMMURTHY, AGED ABOUT 55 YEARS, ARJUN SOUHARDA PATHINA SAHAKARI NIYAMITHA, OFFICE NO.88, 1ST FLOOR, JEERIGI BUILDING, 1ST CROSS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6150 WP No. 16417 of 2025 C/W WP No. 11373 of 2025 MALLESHWARAM, BENGALURU - 560 003. …PETITIONERS (BY SRI. PARASHURAM R. HATTARAKIHAL.,ADVOCATE) AND: 1. ARUMUGAM KANNAIYAN, S/O KANNAIYAN, AGED ABOUT 60 YEARS, R/AT NO.421/F, 3RD CROSS, 1 STAGE, INDIRANAGARA, BENGALURU 560038. AND ALSO R/AT NO.52, MENAKA SUDAR, NO.6, ANNAI INDIRANAGARA, OKKIYAM, THORAIPAKKAM, CHENNAI-600097, TAMILNADU STATE. 2. K.A.RAMAIAH REDDY, S/O K.ABBAIAH REDDY, SINCE DEAD BY LRS 2(a) SMT. PARVATHAMMA, W/O LATE K.A. RAMAIAH REDDY AGED ABOUT 78 YEARS, 2 (b) SMT. PADMAVATHI REDDY, D/O LATE K.A.RAMAIAH REDDY AGED ABOUT 57 YEARS, 2(C) R.VENUGOPAL REDDY, S/O LATE K.A. RAMAIAH REDDY AGED ABOUT 51 YEARS, 2(d) R.HARISH KUMAR REDDY, S/O LATE K.A.RAMAIAH REDDY AGED ABOUT 49 YEARS, ALL ARE RESIDING AT NO.66, DREAM MEADOWS, KUNDANAHALLI, BENGALURU 560 036. - 3 - HC-KAR NC: 2026:KHC:6150 WP No. 16417 of 2025 C/W WP No. 11373 of 2025 3. R.SRINIVASA, REDDY S/O LATE K.A.RAMAIAH REDDY AGED ABOUT 54 YEARS, 4. SMT. NETHRA, W/O R.SRINIVASA REDDY, AGED ABOUT 45 YEARS, R3 & R4 RESIDING AT NO.357, 3RD CROSS, CAMBRIDGE LAYOUT, HALASUR, BENGALURU - 560 008. ALSO RESIDING AT NO.421/F, 3RD CROSS, 1ST PHASE, BINNAMANGALA INDIRANAGARA, BENGALURU 560 038. 8. ARJUNA SOUHARDHA PATHINA SAHAKARI NIYAMITHA, NO.88, 1ST FLOOR, JEERIGE BUILDING, 11TH CROSS, MALLESHWARAM, BENGALURU - 560 003. REPRESENTED BY ITS PRESIDENT-CHAIRMAN- CUM-MANAGING DIRECTOR MR.V.R.SHEKAR, S/O RAMAMURTHY, AGED ABOUT 55 YEARS …RESPONDENTS (BY SRI. SRINIVASA REDDY G N.,ADVOCATE FOR R1; SRI. S. VASANTH MADHAV, ADV. FOR R2(A-D),R3 &R4) THIS WP IS FILED UNDER ARCLE 227 OF THE CONSTITUTION OF INDIA PRAYING TOA) QUASHING THE ORDER DATED 7.3.2025 PASSED BY THE XI ADDL. C.C. AND S.J., BENGALURU (CCH-8) ON I.A.NO.33 FILED BY THE PLAINTIFF UNDER ORDER XXVI RULE 10-A OF CPC R/W SECTION 45 OF EVIDENCE ACT, IN O.S.NO. 1683/2023. - 4 - HC-KAR NC: 2026:KHC:6150 WP No. 16417 of 2025 C/W WP No. 11373 of 2025 IN WP NO. 11373/2025 BETWEEN: 1. SMT PARVATHAMMA WIFE OF LATE K.A. RAMAIAH REDDY AGED 78 YEARS, (SENIOR CITIZEN NOT CLAIMED) 2. SMT. PADMAVATHY REDDY, D/O LATE K. A. RAMAIAH REDDY AGED ABOUT 51 YEARS, 3. SRI. VENUGOPAL REDDY, SON OF LATE K. A. RAMAIAH REDDY AGED ABOUT 51 YEARS, 4. SRI. R. HARISH KUMAR SON OF LATE K. A. RAMAIAH REDDY AGED ABOUT 49 YEARS, ALL ARE RESIDING AT NO. 66, DREAM MEADOWS, KUNDALAHALLI, BENGALURU -560036. 5. SRI. R SRINIVASA REDDY, AGED ABOUT 54 YEARS, SON OF LATE K.A. RAMAIAH REDDY 6. SMT. NETHRA AGED 45 YEARS, WIFE OF R. SRINIVAS REDDY BOTH ARE RESIDING AT NO. 129/4 UL BUILDING KALYANI PLATINUM CAMPUS KUNDALAHALLI, 3RD CROSS, BENGALURU -560037 ...PETITIONERS (BY SRI. VASANTH MADHAVA S.,ADVOCATE) - 5 - HC-KAR NC: 2026:KHC:6150 WP No. 16417 of 2025 C/W WP No. 11373 of 2025 AND: 1. SRI K ARMUGAM KANNIYAN AGED ABOUT 60 YEARS, SON OF KANNAIYAN, RESIDING AT NO. 421/F, 3RD CROSS, 1ST STAGE, INDIRANAGAR, BENGALURU -560038 ALSO AT, S2, MENAKA SUDAR, NO. 6, ANNAI INDIRANAGAR, OKKIYAM, THORAIPAKKAM, CHENNAI-600097 2. 3. SMT. N. LATHA @ LATHA NARYANA MOORTHY, AGED 50 YEARS, RESIDING AT NO. 809, MES ROAD, 13TH CROSS, MUTHYALANAGAR, JALAHALLI, BENGALURU -560054. BY GPA HOLDER ARJUNA SOUHARDHA PATHINA SAHAKARI NIYAMITHA OFFICE AT NO. 88, 1ST FLOOR, JEERIGE BUIDING, 11TH CROSS, MALLESWARAM, BENGALURU - 560003 REPRESENTED BY ITS PRESIDENT - CUM -MANAGING DIRECTOR ...RESPONDENTS (BY SRI. SRINIVASA REDDY G.N., ADVOCATE FOR R1; SRI. PARASHURAM R. HATTARAKIHAL, ADV. FOR R2; SRI. IRISHAD AHMED B.M, ADV. FOR R3) THIS WP IS FILED UNDER ARCLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE TRIAL COURT RECORDS, SET ASIDE THE ORDER PASSED BY THE TRIAL COURT XI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-8) IN OS NO.1683/2023 DATED 12.03.2025 - 6 - HC-KAR NC: 2026:KHC:6150 WP No. 16417 of 2025 C/W WP No. 11373 of 2025 MARKING THE DISPUTED SIGNATURES EX C1 TO EX C5 BY THE TRIAL COURT AS ILLEGAL, BY DIRECTING THE TRIAL COURT TO BE FOLLOW THE PROCEDURE FOR MARKING THE EXHIBITS. THESE PETITIONS COMING ON FOR ORDERS HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER After arguing the matter for sometime, learned counsel for the petitioners in both the petitions jointly submit that since the Handwriting Expert appointed by the Trial Court pursuant to the impugned orders has submitted a report, to which the petitioners have filed objections and the matter is posted for evidence of the Court Commissioner/Handwriting Expert, both the petitions may be disposed of reserving liberty in favour of the petitioners to file an application seeking appointment of a new/fresh Handwriting expert/Court Commissioner, which may be considered by the Trial Court in accordance with law, in respect of the documents produced by the defendant No.5-Society. The said submission is placed on record. 2. Per contra, learned counsel for the respondents submits that defendant No.5-Society has not produced any such - 7 - HC-KAR NC: 2026:KHC:6150 WP No. 16417 of 2025 C/W WP No. 11373 of 2025 documents. It is also submitted that in the event the petitioners file such application(s) before the Trial Court, liberty may be reserved in favour of respondent No.1-plaintiff to file objections to the said application(s). 3. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of both the petitions by issuing directions in this regard. 4. In the result, I pass the following: ORDER (i) Both the petitions are disposed of without interfering with the impugned orders. (ii) Liberty is reserved in favour of the petitioners to file appropriate application(s) seeking appointment of new/fresh handwriting expert in relation to the documents said to have been produced by the 5th defendant - Arjun Souharda Pathina Sahakari Niyamitha. - 8 - HC-KAR NC: 2026:KHC:6150 WP No. 16417 of 2025 C/W WP No. 11373 of 2025 (iii) In the event, the petitioners file such application(s), the respondents would be entitled to file objections to the said application(s). (iv) Upon the petitioners filing such application(s) and respondents filing objections to the same, the Trial Court is directed to consider and pass appropriate orders on the said application(s), in accordance with law. (v) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC/SRL List No.: 1 Sl No.: 29