- 1 - HC-KAR NC: 2026:KHC:5975 WP No. 27712 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. 27712 OF 2025 (GM-CPC) BETWEEN: 1. MR DHANUSH T C S/O LATE SHRI CHAITHANYA PRASAD, AGED ABOUT 29 YEARS, R/AT SRI RANGA, VIDYANAGAR, 3RD CROSS, TUMKUR-572103 KARNATAKA 2. MRS. SAVITHA W/O LATE SHRI CHAITHANYA PRASAD, AGED ABOUT 53 YEARS, R/AT SRI RANGA, VIDYANAGAR, 3RD CROSS, TUMKUR-572103 KARNATAKA 3. MS DEEKSHA T C D/O LATE SHRI CHAITHANYA PRASAD, AGED ABOUT 25 YEARS, R/AT SRI RANGA, VIDYANAGAR, 3RD CROSS, TUMKUR-572103 KARNATAKA 4. MRS. N V SHARADAMMA W/O MR CHIKKARANGAIAH, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5975 WP No. 27712 of 2025 AGED ABOUT 93 YEARS, R/AT SRI RANGA, VIDYANAGAR, 3RD CROSS, TUMKUR-572103 KARNATAKA. REPRESENTED BY HER DAUGHTER, DR R C PARINITHA, W/O DR RAVISHANKAR N, AGED ABOUT 59 YEARS, R/AT 294, 39TH B CROSS, 10TH MAIN, JAYANAGAR 5TH BLOCK, BENGALURU SOUTH, BENGALURU-560041 KARNATAKA. …PETITIONERS (BY SRI. MAHADESHWARAN C N., ADVOCATE) AND: 1. NIL …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR ENTIRE RECORDS FROM THE HONBLE ADDL SENIOR CIVIL JUDGE AND CJM, TUMAKURU IN P. SC NO. 1 OF 2025 IN RESPECT OF THE ORDER ON I.A NO. II DATED 18.08.2025 ON THE FILE OF THE HONBLE ADDL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, AND - 3 - HC-KAR NC: 2026:KHC:5975 WP No. 27712 of 2025 B) ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER AT ANNEXURE-A IN P. SC NO. 1 OF 2025 DATED 18.08.2025 PASSED BY THE HONBLE ADDI SENIOR CIVIL JUDGE AND CJM, TUMAKURU AND CONSEQUENTLY SET ASIDE THE ORDER DATED 18.08.2025 FOR PRESENCE OF THE PETITIONER NO. 4 FOR ENQUIRY. 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 This petition by the petitioners in P & SC No.1 /2025 on the file of the Prl. Senior Civil Judge and CJM, Tumakuru, is directed against the impugned order dated 18.08.2025, whereby the application I.A.No.2 filed by the petitioner No.1 under Section 151 CPC for dispensation of the physical presence of petitioner No.4 being his grandmother who was aged about 93 years and for permission to conduct the proceedings on her behalf, was rejected by the Trial Court. - 4 - HC-KAR NC: 2026:KHC:5975 WP No. 27712 of 2025 2. Heard the learned counsel for the petitioner and perused the material on record. Since no parties have been arrayed as respondents before the Trial Court, the question of issuing notice to the respondents would not arise in the facts and circumstances of the instant case. 3. A perusal of the material on record will indicate that the petitioner No.1 is the son of late Shri Chaithanya Prasad while petitioner No.2 is his widow and petitioner No.3 is his daughter. The petitioner No. 4 is the mother of the said Chaithanya Prasad and all of them are Class-1 heirs of the said Chaithanya Prasad, who died intestate on 30.08.2024. Upon the demise of the said Chaithanya Prasad on 30.08.2024, the petitioners filed the instant petition seeking grant / issuance of Succession Certificate in respect of the estate of the said Chaithanya Prasad. In the said proceedings, the petitioner No.1, had filed the instant application seeking dispensation of the personal appearance of his grandmother / petitioner No. 4, on the ground that she was aged about 93 years and was suffering from various ailments and could not be physically present before the Trial Court. By the impugned order, the Trial Court proceeded to reject the said application, - 5 - HC-KAR NC: 2026:KHC:5975 WP No. 27712 of 2025 aggrieved by which the petitioner is before this Court by way of the present petition. 4. A perusal of the impugned order will indicate that the Trial Court has adopted a hyper technical approach in insisting upon the presence of the petitioner No.4, without taking into consideration the undisputed relationship between the parties with late Chaithanya Prasad, in respect of whose estate the petitioners have jointly sought for issuance of Succession Certificate. There was also no requirement/necessity for insisting upon the personal appearance of the petitioner No.4, especially when she was aged about 93 years and suffering from various ailments and consequently the petitioner No.4 was entitled to be represented by the petitioner No.1, who would prosecute the proceedings on behalf of petitioner No.4 also. 5. Under these circumstances, I am of the view that the impugned order passed by the Trial Court rejecting I.A. No. 2, has occasioned failure of justice warranting interference by this Court in the present petition. - 6 - HC-KAR NC: 2026:KHC:5975 WP No. 27712 of 2025 6. Petition is hereby allowed. Impugned order dated 18.08.2025 is hereby set aside. I.A No.2 filed by the petitioner No.1 stands allowed. The Trial Court is directed to proceed further and dispose of the proceedings, as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE KS List No.: 1 Sl No.: 7