Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10634 WP No. 11809 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.11809 OF 2025 (GM-CPC) BETWEEN:
1. SMT. MANJULA R W/O LATE RAJENDRAN P AGED ABOUT 50 YEARS R/O 4TH CROSS, O.S.M. ROAD, BHUTHANAGUDI, OLD TOWN, BHADRAVATHI- 577 301
2. KARTHIK R S/O LATE RAJENDRAN P AGED ABOUT 30 YEARS R/O 4TH CROSS, O.S.M. ROAD,
BHUTHANAGUDI, OLD TOWN,
BHADRAVATHI- 577 301
3. SMT. VIDYASHREE R W/O BALAJI D/O LATE RAJENDRAN P AGED ABOUT 30 YEARS O.S.M. ROAD, R/O 4TH CROSS, BHUTHANAGUDI, OLD TOWN, BHADRAVATHI- 577 301
4. SMT. PRIYANKA W/O BALAJI D/O LATE RAJENDRAN P AGED ABOUT 25 YEARS R/O 4TH CROSS, O.S.M. ROAD,
BHUTHANAGUDI, OLD TOWN,
BHADRAVATHI- 577 301 …PETITIONERS (BY MISS NIREEKSHA D.J., ADVOCATE)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:10634 WP No. 11809 of 2025
AND:
1. SMT. P. ALAMELU D/O LATE M.POONAGAVANAM W/O M.MOKSHANANADA AGED ABOUT 60 YEARS, R/O 4TH CROSS, O.S.M. ROAD, BHADRAVATHI 577 301
2. SMT. P.VASANATHA W/O LATE M.RAMAMURTHY D/O LATE M.POONAGAVANAM, AGED ABOUT 58 YEARS,
R/O NO.119, 1ST MAIN, 2ND CROSS,
MALLATHAHALLI
BANGALORE SOUTH 560 056
3. SMT.P.SAVITHRI W/O R.VIJAYAKUMAR D/O LATE M.POONAGAVANAM, AGED ABOUT 56 YEARS,
R/O NO.41, 8TH CROSS,
LAKSHMIPURA,
HOYSALA NAGARA,
HALASUR, INDRANAGAR POST,
BANGALORE-8
4. SMT. P.DEVAKI W/O SOMAPPA
D/O LATE M.POONAGAVANAM
AGED ABOUT 54 YEARS, R/O PANCHAVATI COLONY, NEAR MODERN TALKIES,
SHIVAMOGGA. 5. SMT.P.VIJAYALAKSHMI W/O M.SUGANDARAJ D/O LATE M.POONAGAVANAM, AGED ABOUT 50 YEARS R/O 4TH CROSS, O.S.M. ROAD,
BHADRAVATHI 577 301
6. SRI.B.LAKSHMANA S/O BORAIAH
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HC-KAR NC: 2026:KHC:10634 WP No. 11809 of 2025
AGED ABOUT 46 YEARS R/O BANDRAHALLI VILLAGE
BHADRAVATHI TALUK 577 301
7. SRI.K.SURESH S/O KONDANDARAMA AGED ABOUT 31 YEARS R/O MASARAHALLI VILLAGE
BHADRAVATHI TALUK
8. SMT. NANJAMMA W/O RAMAIAH AGED ABOUT 66 YEARS R/O MASARAHALLI VILLAGE
BHADRAVATHI TALUK
9. SMT. KAMALAMMA W/O CHANNAIAH AGED ABOUT 45 YEARS R/O MASARAHALLI VILLAGE
BHADRAVATHI TALUK
10. SRI. SRINIVAS S/O VARADARAJU AGED ABOUT 55 YEARS R/O GANDHINAGARA EXTENSION,
BHADRAVATHI TOWN. 11. SRI.T.S.DUSHYANTHA RAJ S/O SATHYANARAYANA AGED ABOUT 48 YEARS R/O KAMADENU, CHANNAGIRI ROAD,
BHADRAVATHI TOWN. 12. SRI.T.S.THEJASVI S/O SATHYANARAYANA RAO, AGED ABOUT 46 YEARS
R/O KAMADEVNU, 80 FT. ROAD, SWAMI VIVEKANANDA EXTENSION
SHIVAMOGGA CITY. …RESPONDENTS (BY SRI.
NAGHARISH G.S., ADVOCATE FOR R1 TO R5;
VIDE ORDER DATED 20.02.2026 NOTICE TO R6 TO R12 IS DISPENSED WITH.)
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HC-KAR NC: 2026:KHC:10634 WP No. 11809 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INIDIA PRAYING TO QUASH THE ORDER DTD. 24.03.2025 PASSED BY THE LEARNED ADDL. SENIOR CIVIL JUDGE, BHADRAVATHI AT ANNEXURE-A AND CONSEQUENTLY. 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 defendant Nos.1 to 4 is directed against the impugned order dated 24.03.2025 passed in O.S.No.118/2019 by the Addl. Senior Civil Judge & JMFC, Bhadravathi, whereby the said application – I.A.No.16 filed by the petitioners under Order 16 Rule 6 CPC seeking summoning of documents from Canara Bank in respect of loan accounts of the deceased father of defendant Nos.2 to 4 and 9 was rejected by the Trial Court.
2. Heard learned counsel for the petitioner and learned counsel for respondent Nos.1 to 5 and perused the material on record. For the order proposed, notice to respondent Nos.6 to 12 is dispensed with.
3.
Learned counsel for respondent Nos.1 to 5 – plaintiffs on instructions submits that they have no objection for the
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HC-KAR NC: 2026:KHC:10634 WP No. 11809 of 2025
impugned order passed on I.A.No.16 to be set aside with a direction to the Trial Court to proceed as expeditiously as possible.
4. In view of the submissions made on behalf of the respondent Nos.1 to 5-plaintiffs, I deem it just and appropriate to set aside the impugned order by allowing the petition as well as I.A.No.16 by issuing certain directions.
5. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned order dated 24.03.2025 passed on I.A.No.16 in O.S.No.118/2019 by the Addl. Senior Civil Judge & JMFC, Bhadravathi, is hereby set aside.
(iii) I.A.No.16 filed by the petitioners stands allowed.
(iv) The Trial Court is directed to issue summons to Canara Bank in respect of loan accounts of the deceased father of defendant Nos.2 to 4 and 9 and proceed further to dispose of the suit as expeditiously as possible in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 30