- 1 - HC-KAR NC: 2026:KHC:4336 WP No. 29335 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 29335 OF 2025 (GM-CPC) BETWEEN: NAYAN KUMAR RAI S/O LATE THIMMAPPA RAI, AGED ABOUT 71 YEARS, OCC. RETIRED SERVICE, R/AT NO. 607, RENAISSANCE PARK-2, MILK COLONY, MALLESHWARAM, BENGALURU – 560 003. …PETITIONER (BY SRI. PRASANNA V R., ADVOCATE) AND: 1. SRI ISHWAR SATRAMDAS LAKWANI S/O SATRAMDAS LAKWANI AGED ABOUT 71 YEARS, R/AT NO.52, MOUNTVILLE, HOUSING SOCIETY, NYARI ROAD KALWAD ROAD, RAJKOT GUJARAT – 360 001. 2. SRI HEMEN MANHARLAL UDANI S/O MANHARLAL UDANI AGED ABOUT 65 YEARS R/AT NO. 211, ADITHYA CENTRE, PHULCHHAB CHOWK, RAJKOT GUJARAT – 360 001 3. SRI VIJAY NARAIN BHAI AMLANI S/O NARAIN BHAI AMLANI, AGED ABOUT 63 YEARS, R/AT NO.6, PARAS SOCIETY, OPP. NIRMALA CONVENT ROAD, RAJKOT, GUJARAT – 360 001 4. SRI ANIL HARICHAND KRISHNANI S/O H G KRISHNANI, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4336 WP No. 29335 of 2025 AGED 58 YEARS, R/AT SINDHUR TEXTILES MAIN ROAD, MADIKERE, KODAGU DISTRICT - 571201 …RESPONDENTS (BY SRI. PRATEEK RATH., ADVOCATE FOR R1 TO R3; R4 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INIDA PRAYING TO(I) ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER DATED. 21.08.2025 ON I.A.NO.8 IN O.S.NO.31/2022 ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND CJM, KODAGU, MADIKERI, VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.31/2022 on the file of Prl.Civil Judge & CJM, Kodagu, Madikeri, is directed against the impugned order dated 21.08.2025 passed on I.A.No.8, whereby the said application filed by the petitioner – plaintiff under Order 14 Rule 5 r/w Section 151 CPC to delete issue Nos.1 and 4 was dismissed by the trial court. 2. A perusal of the material on record will indicate that the petitioner – plaintiff instituted the aforesaid suit against the respondents – defendants for declaration, permanent injunction - 3 - HC-KAR NC: 2026:KHC:4336 WP No. 29335 of 2025 and other reliefs in respect of the suit schedule immovable properties. The said suit is being contested by the respondents – defendants who filed the written statement, pursuant to which, the trial court framed the following issues:- 1. Whether the plaintiff proves that, Smt.Sheelavathi Rai @ Bantara Susheela has executed her last Will dated 08.08.2013 in his favour bequeathed the item No.1 and 2 of the plaint schedule properties as averred in para 5 of the plaint? 2. Whether the plaintiff proves the alleged interference as averred in para-12 to 14 of the plaint? 3. Whether the suit is barred by Law of Limitation? 4. Whether the suit is properly valued and court-fee paid is insufficient? 5. Whether the plaintiff proves that, he is the absolute owner of the plaint schedule properties? 6. Whether the plaintiff is entitled for the relief of permanent injunction as sought for? 7. Whether the plaintiff is entitled for the relief of declaration as sought for? 8. What order or decree? - 4 - HC-KAR NC: 2026:KHC:4336 WP No. 29335 of 2025 3. Subsequently, before commencement of evidence, the petitioner filed the instant application seeking deletion of issues 1 and 4 amongst other issues. The said application having been opposed by the defendants, the trial court proceeded to pass the impugned order dismissing the application, aggrieved by which, the petitioner is before this Court by way of the present petition. 4. Heard learned counsel for petitioner and learned counsel for respondents and perused the material on record. 5. A perusal of the material on record including the issues framed by the trial court will indicate that issue No.1 as framed by the trial court did not arise from the pleadings of the parties. In this context, it is pertinent to note that the alleged Will dated 08.08.2013 has not been disputed by the defendants 1 to 3 in their written statement; so also, there is no specific denial of the said Will by the 4th defendant, who is the attesting witness to the sale deed dated 03.06.2016 which was executed pursuant to the said Will dated 08.08.2013. Under these circumstances, the trial court fell in error in framing issue No.1 pursuant to the Will, which was not disputed by defendants 1 to 3 coupled with the fact that the 4th defendant did not specifically denied the alleged Will, which was executed by the - 5 - HC-KAR NC: 2026:KHC:4336 WP No. 29335 of 2025 mother of the plaintiff, under which, the plaintiff had acquired the property and portion thereof had been sold in favour of defendants 1 to 3, who acquired the property in terms of the sale deed dated 03.06.2016 in the presence of 4th defendant, who is the attesting witness to the aforesaid sale deed. In view of the same, the impugned order insofar as it relates to dismissing I.A.No.8 seeking deletion of issue No.1 deserves to be set aside. 6. Insofar as the issue relating to valuation and court fee is concerned, the said issue being framed as issue No.4 would necessarily have to be dealt with by the trial court in accordance with law and the trial court was fully justified in framing issue No.4 pursuant to the valuation and court fee and the said issue does not warrant interference by this Court in the present petition. 7. Accordingly, I pass the following:- ORDER (i) Petition is hereby partly allowed. (ii) The impugned order dated 21.08.2025 passed on I.A.No.8 in O.S.No.31/2022 is partly set aside. - 6 - HC-KAR NC: 2026:KHC:4336 WP No. 29335 of 2025 (iii) I.A.No.8 filed by the petitioner – plaintiff is partly allowed and issue No.1 is directed to be deleted from the issues framed by the trial court in the suit. (iv) The impugned order insofar as it relates to upholding of framing issue No.4 is directed to be confirmed. (v) All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL List No.: 1 Sl No.: 71