1 Reserved on : 28.11.2025 Pronounced on : 08.01.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.22469 OF 2025 (GM - CPC) BETWEEN: SRI GANGARAJU M., S/O LATE D.N.MUNIVENKATASWAMY AGED ABOUT 40 YEARS RESIDING AT: S.DEVAGANAHALLI VILLAGE AND POST SADALI HOBLI SHIDLAGATTA TALUK CHIKKABALLAPURA DISTRICT – 562 104. ... PETITIONER (BY SRI MANJUNATHA N.M., ADVOCATE) AND: NIL ... RESPONDENT 2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION SETTING ASIDE THE SUO-MOTO ORDER DATED 03.07.2025 PASSED IN P AND SC NO.3/2025 BY THE LEARNED PRL.DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPUR VIDE ANNEXURE-C. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 28.11.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:- CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA CAV ORDER The petitioner is before this Court calling in question an order dated 03-07-2025 passed by the Principal District and Sessions Judge, Chikkaballapur directing suo motu to bring all the legal heirs of the testator on record. 2. Heard Sri Manjunatha N. M., learned counsel appearing for the petitioner. 3 3. Facts, in brief, germane are as follows: - The petitioner files the petition before the concerned Court under Section 276 of the Indian Succession Act, 1925 seeking probate of a registered Will executed by one D. N. Munivenkataswamy in his favour. 4. The petitioner leads his evidence before the concerned Court. The concerned Court passes the following Orders on different dates including on 03-07-2025: “03-03-2025 Counsel for the petitioner present and filed application U/o 6 rule 17 r/w Sec. 151 of CPC. Perused the application, it can be noticed that, the proposed amendment pertains to the measurement of the property and the same does not change the nature of the case. Hence, the application is allowed. Counsel for the petitioner is directed to amend the petition and to carryout the amendment by 17-03-2025. 17-03-2025 Counsel for the petitioner present and filed amended petition and carried out the amendment. Issue citation on amended petition after verifying the draft publication. R/by 03-05-2025. 4 03-05-2025 Counsel for the petitioner present and filed memo along with newspaper publication against public at large. The same is taken on record. For enquiry by 19-06-2025. 19-06-2025 Counsel for the petitioner present and prays for time. For petitioner evidence by 03.07.2025. 03-07-2025 Counsel for the petitioner present. Sri Gangaraju M., is present and filed affidavit in lieu of examination-in-chief and examined as PW-1. Ex.P1 to P20 are marked. Further counsel for petitioner filed application U/o XVI Rule 1 of CPC for summoning the witnesses as mentioned in the application. Perused the application and same is allowed. The counsel for the petitioner is directed to bring all the legal heirs of the testator on record. Call on 29-07-2025.” The issue is same, as what is considered in Writ Petition No.21830 of 2025, which is disposed of today. 5 5. For the reasons rendered therein, the subject petition also stands disposed of, reserving liberty to the petitioner to avail the remedy in law, as observed in the said order. Sd/- (M.NAGAPRASANNA) JUDGE bkp CT:MJ