- 1 - HC-KAR NC: 2026:KHC:6690 WP No. 30696 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 30696 OF 2024 (GM-CPC) BETWEEN: MR.PIUS DONALD D SOUZA S/O LATE FRANCIS JOSEPH D'SOUZA, AGED ABOUT 66 YEARS, COFFEE PLANTER, R/AT ANJELORE ESTATE, MALLANDUR POST, CHIKKAMAGALURU TALUK AND DISTRICT- 577130 …PETITIONER (BY SRI. K.N. NITISH, ADV. FOR K.V. NARASIMHAN , ADV.) AND: 1. MR. RICHARD L D SOUZA S/O LATE FRANCIS JOSEPH D'SOUZA, AGED ABOUT 69 YEARS, R/AT NO.37, 6TH CROSS, CENTRAL EXCISE LAYOUT, RMV II STAGE, BENGALURU 560094 2. MR. HERALD FLAVIAN D'SOUZA, S/O LATE FRANCIS JOSEPH D'SOUZA, AGED ABOUT 61 YEARS, COFFEE PLANTER R/AT VIJAYA ESTATE, BISAGNIMUTT POST, CHIKKMAGALURU TALUK AND DISTRICT – 577130 …RESPONDENTS (BY SRI. N SUKUMAR JAIN.,ADVOCATE FOR R1; SMT. SHIVANI SHETTY, ADVOCATE FOR R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6690 WP No. 30696 of 2024 THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.09.2024 PASSED IN O.S.NO.40/2022 BY THE LEARNED PRL SENIOR CIVIL JUDGE AT CHIKKMAGALURU AT ANNEXURE-D. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the 1st defendant in O.S.No.40/2022 on the file of the Principal Senior Civil Judge and CJM, Chikkamagalur, is directed against the impugned order dated 20.09.2024, whereby the trial Court rejected the objection of the defendant towards marking of the document dated 21.12.1990 and permitted the plaintiff to mark the said document in evidence. 2. Learned counsel for both the parties jointly submit that the document may be permitted to be marked in evidence by leaving/keeping open all rival contentions including the contention regarding registration, stamp duty, admissibility, proof, probative value, relevance etc., to be decided by the trial Court at the time of final disposal of the suit so as to enable the trial Court to proceed - 3 - HC-KAR NC: 2026:KHC:6690 WP No. 30696 of 2024 further and dispose of the suit as expeditiously as possible. The said submission is placed on record. 3. In view of the aforesaid facts and circumstances, I deem it is appropriate to dispose of this petition by modifying the impugned order and by issuing certain directions. 4. In the result, I pass the following:- ORDER (i) Petition is hereby disposed of. (ii) The impugned order dated 20.09.2024 passed in O.S.No.40/2022 by the trial court is hereby modified. (iii) The respondent No.1-plaintiff is permitted to mark the document dated 21.12.2020, if not already marked as on today, as an Exhibit in his evidence, subject to leaving open all rival contentions regarding registration, stamp duty, admissibility, proof, probative value, relevance etc., to be decided by the trial Court at the time of final disposal of the suit. (iv) All rival contentions in this regard are kept open and no opinion is expressed on the merits/demerits of the rival contentions. - 4 - HC-KAR NC: 2026:KHC:6690 WP No. 30696 of 2024 (v) Having regard to the fact that the parties are senior citizens, the trial Court is directed to dispose of the suit as expeditiously as possible and at any rate within a period of six months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL List No.: 3 Sl No.: 7