HC-KAR NC: 2026:KHC:6819 WP No. 22888 of 2021 -1- IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 22888 OF 2021 (GM-CPC) BETWEEN: SMT. SHAKUNTHALA W/O GOVIND RAJU AGED ABOUT 57 YEARS R/AT NO.45, 2ND MAIN CHINNANNA LAYOUT KAVALBYRASANDRA BANGALORE – 560 032 REPRESENTED BY GPA HOLDER MR. GOVINDARAJU AGED ABOUT 57 YEARS …PETITIONER (BY SRI. RAJESH MAHALE P, SENIOR COUNSEL FOR SMT. NETHRA G., ADVOCATE) AND: 1. SRI. UMESH BABU S/O D SHANMUGAM AGED ABOUT 42 YEARS 2. SMT. JAYALAKSHMI W/O D SHANMUGAM AGED ABOUT 60 YEARS BOTH RESIDING AT: ALLEGED SITE NO.2474 10TH MAIN, ‘D’ BLOCK HC-KAR NC: 2026:KHC:6819 WP No. 22888 of 2021 -2- 2ND STAGE, RAJAJINAGAR, BANGALORE - 560 010 3. SRI. C R NARAYAN S/O RAMASWAMY AGED ABOUT 75 YEARS 4. SMT. N VIJAYA D/O C. R. NARAYAN AGED ABOUT 46 YEARS 5. SMT. N SHANTHI D/O C. R. NARAYAN AGED ABOUT 49 YEARS ALL RESIDING AT SY NO.72 KAVALBYRASANDRA NOW DR. RAJ KUMAR ROAD 2ND CROSS, CHINNAMMA LAYOUT BANGALORE – 560 032 6. SHRI. K. L. KALNIGA S/O LATE K P LAKSHMANA REDDY AGED ABOUT 44 YEARS R/AT NO.681, 2ND CROSS BHUVANESHWARI NAGAR SULTAN PALYA R T NAGAR POST BANGALORE – 560 032 7. K. S. SADASHIVA RAO S/O LATE SURYANARAYANAPA AGED ABOUT 75 YEARS R/AT NO.47, 2ND MAIN CHINNAMMA LAYOUT KAVALBYRASANDRA R T NAGAR BANGALORE – 560 032 …RESPONDENTS HC-KAR NC: 2026:KHC:6819 WP No. 22888 of 2021 -3- (BY SRI. K.S.NAGARAJA RAO, ADVOCATE FOR R2 & R7; SRI. HENDRY ANTONY, ADVOCATE FOR R4; VIDE ORDER DATED 14.12.2021, R1, R3, R4, R5 & R6 ARE STANDS WAIVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY DIRECTION TO QUASH OR SET ASIDE THE IMPUGNED ORDER DATED 07.12.2021 PASSED BY THE HON’BLE XXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-9) IN O.S.NO.26752/2007 VIDE ANNEXURE- A IMPLEGED ORDER DATED 7.12.2021 ON I.A. 7 RULE AT THE CPC ARBITRARY AND ILLEGAL AND ETC THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition seeks to challenge an order dated 07.12.2021 passed in O.S.No.26752/2007 by the learned XXVII Addl. City Civil and Sessions Judge, Bengaluru (hereinafter ‘Impugned Order’). By the Impugned Order, an application under Order VII Rule 14, CPC, 1908 to permit the petitioner/plaintiff to produce documents, has been rejected. The learned Trial Court has found that no satisfactory reason was assigned by the plaintiff as to why the documents were not produced at the time of filing of the suit and before the HC-KAR NC: 2026:KHC:6819 WP No. 22888 of 2021 -4- commencement of evidence. Thus the application was rejected primarily on the ground of delay. 2. Learned Senior counsel appearing for the petitioner submits that all these documents are dated after filing of the suit, so could not be produced at the time of filing of the suit. He further submits that some of these documents are documents which relate to court proceedings filed after filing of the suit. Learned Senior Counsel on instructions further submits that the petitioner is the owner of the suit schedule property by virtue of a grant and that these documents are necessary to ensure that the entire controversy in the suit would get decided. He further submits that since these documents are primarily official documents, they would not prejudice the defendants in any manner whatsoever. Since the suit is filed for recovery of possession, it is necessary that these documents are brought on record. 3. Learned Senior Counsel further submits that without prejudice to his contentions in this petition, if he is permitted to produce and mark the documents on the same day itself, he would ensure that no delay is caused to the trial. HC-KAR NC: 2026:KHC:6819 WP No. 22888 of 2021 -5- 4. The record reflects that service to Respondent Nos.1, 3, 4, 5, and 6 was waived by this Court by order dated 03.01.2022. Learned counsel Respondent Nos. 2 and 7 who are the main contesting respondents would submit that they have no objection to the suggestion of learned Senior Counsel, provided that the petitioner is put to terms. 5. Learned counsel for the respondents further submits that although Respondent No.7 died in the year 2022, learned Senior Counsel on instructions submits that the legal representatives of Respondent No.7 are already on record before the learned Trial Court and that he has instructions on their behalf and will be filing the amended cause title during the course of the day. 6. The Court has examined these documents. The documents relate to Compromise Petition in O.S.No.26349/2007 and a decree passed in those proceedings and Compromise Petition in other connected proceedings. The remaining documents are documents in relation to the suit schedule properties issued by the Government authorities. HC-KAR NC: 2026:KHC:6819 WP No. 22888 of 2021 -6- 7. Given the consensus between the parties, the petitioner is permitted to produce these documents subject to payment of cost in a sum of Rs.21,000/- to be paid equally to each of the seven defendants (their legal representatives). 8. Learned counsel for the parties submit that the parties will not take any unnecessary adjournments before the learned Trial Court. The parties are bound down by the statements made today by their counsel today. 9. The petition is disposed of in the aforegoing terms. Learned Trial Court is requested to dispose of the matter as expeditiously as is possible. All pending applications stand closed. (TARA VITASTA GANJU) JUDGE SNB List No.: 1 Sl No.: 4 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA