- 1 - HC-KAR NC: 2026:KHC:15804 WP No. 8582 of 2026 C/W WP No. 8268 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8582 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 8268 OF 2026 (GM-CPC) IN WP NO. 8582/2026 BETWEEN: PUTTABYRAIAH S/O LATE KODILINGAIAH AGED ABOUT 76 YEARS R/AT YELLAPURA VILLAGE KASABA HOBLI, ARAKERE POST TUMAKURU TALUK 572106. …PETITIONER (BY SRI. KANTHARAJU H, SENIOR ADVOCATE FOR SRI. RAVI H K., ADVOCATE) AND: GANGANNA S/O LATE KODILINGAIAH DEAD BY LRS 1. SMT. SAKAMMA W/O LATE GANGANNA AGED ABOUT 94 YEARS R/AT SIDDAGRI NAGARA YALLAPURA, ARAKERE POST KASABA HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT 572106. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15804 WP No. 8582 of 2026 C/W WP No. 8268 of 2026 2. VIJAYRAJ S/O LATE GANGANNA AGED ABOUT 64 YEARS R/AT SIDDAGRI NAGARA YALLAPURA, ARAKERE POST KASABA HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT-572106. 3. SMT. GANGAMMA D/O LATE GANGANNA W/O KRISHNAMURTHY AGED ABOUT 66 YEARS R/AT SIDDAGRI NAGARA YALLAPURA, ARAKERE POST KASABA HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT-572106. 4. LINGARAJU G. S/O LATE GANGANNA AGED ABOUT 60 YEARS R/AT SIDDAGRI NAGARA YALLAPURA, ARAKERE POST KASABA HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT-572106. 5. Y.G. UMESHA S/O LATE GANGANNA AGED ABOUT 56 YEARS R/AT SIDDAGRI NAGARA YALLAPURA, ARAKERE POST KASABA HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT-572106 6. SMT. ANUSUYA D/O LATE GANGANNA W/O SEETHARAMAIAH AGED ABOUT 59 YEARS R/AT NAVILUMURIKE VILLAGE JATTI AGRAHARA POST, C.N. DURGA HOBLI KORATAGERE TALUK TUMAKURU DISTRICT 572129. - 3 - HC-KAR NC: 2026:KHC:15804 WP No. 8582 of 2026 C/W WP No. 8268 of 2026 7. KRISHNAMURTHY S/O LATE KODILINGAIAH AGED ABOUT 70 YEARS R/O YELLAPURA VILLAGE KASABA HOBLI, ARAKERE POST TUMAKURU TALUK-572106. 8. SMT. POORNIMA W/O D. SURESH D/O PUTTABYRAIAH AGED ABOUT 39 YEARS R/O YELLAPURA VILLAGE KASABA HOBLI, ARAKERE POST TUMAKURU TALUK-572106. 9. SMT. LAKSHMAKKA W/O DODDAIAH D/O KODILINGAIAH AGED ABOUT 79 YEARS R/O NAVILAKURIKE CHANNARYANDURAGA HOBLI AGRAHARA POST KORATAGERE TALUK-572129. 10. SMT. AKKAMMA W/O LATE SIDDAPPA D/O KODILINGAIAH AGED ABOUT 74 YEARS R/O NAVILAKURIKE CHANNARYANDURAGA HOBLI AGRAHARA POST KORATAGERE TALUK-572129. 11. CHIKKANNA @ KURICHIKKANNA S/O LATE HUCHHAIAH AGED ABOUT 99 YEARS R/O YALLAPURA, KASABA HOBLI AREKERE POST, TUMAKURU-572106. …RESPONDENTS (BY SRI. P S MALIPATIL , ADVOCATE FOR C/R2) - 4 - HC-KAR NC: 2026:KHC:15804 WP No. 8582 of 2026 C/W WP No. 8268 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 16.02.2026 PASSED ON IA NO. IV/2026 FILED UNDER ORDER XVI RULE 1 AND 2 CPC BY THE PETITIONER IN OS NO. 1178/2012 BY THE COURT OF THE 1ST ADDL CIVIL JUDGE AND JMFC AT TUMKUR VIDE ANNEXURE-G AND ALLOW THE SAID IA NO. IV /2026 VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO. 8268/2026 BETWEEN: PUTTABYRAIAH S/O LATE KODILINGAIAH AGED ABOUT 76 YEARS R/AT YELLAPURA VILLAGE KASABA HOBLI, ARAKERE POST TUMAKURU TALUK 572106 ...PETITIONER (BY SRI KANTHARAJU H, SENIOR ADVOCATE FOR SRI. RAVI H K., ADVOCATE) AND: GANGANNA S/O LATE KODILINGAIAH DEAD BY LRS 1. SMT. SAKAMMA W/O LATE GANGANNA AGED ABOUT 94 YEARS R/AT SIDDAGRI NAGARA YALLAPURA, ARAKERE POST KASABA HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT 572106. 2. VIJAYRAJ S/O LATE GANGANNA AGED ABOUT 64 YEARS R/AT SIDDAGRI NAGARA - 5 - HC-KAR NC: 2026:KHC:15804 WP No. 8582 of 2026 C/W WP No. 8268 of 2026 YALLAPURA, ARAKERE POST KASABA HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT-572106. 3. SMT. GANGAMMA D/O LATE GANGANNA W/O KRISHNAMURTHY AGED ABOUT 66 YEARS R/AT SIDDAGRI NAGARA YALLAPURA, ARAKERE POST KASABA HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT-572106. 4. LINGARAJU G. S/O LATE GANGANNA AGED ABOUT 60 YEARS R/AT SIDDAGRI NAGARA YALLAPURA, ARAKERE POST KASABA HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT-572106. 5. Y.G. UMESHA S/O LATE GANGANNA AGED ABOUT 56 YEARS R/AT SIDDAGRI NAGARA YALLAPURA, ARAKERE POST KASABA HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT-572106 6. SMT. ANUSUYA D/O LATE GANGANNA W/O SEETHARAMAIAH AGED ABOUT 59 YEARS R/AT NAVILUMURIKE VILLAGE JATTI AGRAHARA POST, C.N. DURGA HOBLI KORATAGERE TALUK TUMAKURU DISTRICT 572129. 7. KRISHNAMURTHY S/O LATE KODILINGAIAH AGED ABOUT 70 YEARS - 6 - HC-KAR NC: 2026:KHC:15804 WP No. 8582 of 2026 C/W WP No. 8268 of 2026 R/O YELLAPURA VILLAGE KASABA HOBLI, ARAKERE POST TUMAKURU TALUK-572106. 8. SMT. POORNIMA W/O D. SURESH D/O PUTTABYRAIAH AGED ABOUT 39 YEARS R/O YELLAPURA VILLAGE KASABA HOBLI, ARAKERE POST TUMAKURU TALUK-572106. 9. SMT. LAKSHMAKKA W/O DODDAIAH D/O KODILINGAIAH AGED ABOUT 79 YEARS R/O NAVILAKURIKE CHANNARYANDURAGA HOBLI AGRAHARA POST KORATAGERE TALUK-572129. 10. SMT. AKKAMMA W/O LATE SIDDAPPA D/O KODILINGAIAH AGED ABOUT 74 YEARS R/O NAVILAKURIKE CHANNARYANDURAGA HOBLI AGRAHARA POST KORATAGERE TALUK-572129. 11. CHIKKANNA @ KURICHIKKANNA S/O LATE HUCHHAIAH AGED ABOUT 99 YEARS R/O YALLAPURA, KASABA HOBLI AREKERE POST, TUMAKURU-572106. …RESPONDENTS (BY SRI. P S MALIPATIL ., ADVOCATE FOR C/R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03.03.2026 PASSED ON IA NO. V/2026 FILED UNDER - 7 - HC-KAR NC: 2026:KHC:15804 WP No. 8582 of 2026 C/W WP No. 8268 of 2026 SECTION 151 CPC BY THE PETITIONER IN OS NO. 1178/2012 BY THE COURT OF THE 1ST ADDL. CIVIL JUDGE AND JMFC AT TUMAKURU VIDE ANNEXURE-K AND ALLOW THE SAID IA NO. V/2026 VIDE ANNEXURE-H IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER These writ petitions are filed by defendant No. 1 under Article 227 of the Constitution of India, challenging the order dated 16.02.2026 passed on I.A. No. IV filed under Order XVI Rules 1 and 2 of the Code of Civil Procedure for issuance of summons to a list of additional witnesses, and the order dated 03.03.2026 passed on I.A. No. V filed under Section 151 of the CPC for examining additional witnesses in O.S. No. 1178/2012, passed by the I Additional Civil Judge and JMFC, Tumakuru, whereby the same came to be rejected. 2. The plaintiff has filed a suit in O.S.No.1178/2012 for partition and separate possession. After service of summons, the defendants appeared through counsel and - 8 - HC-KAR NC: 2026:KHC:15804 WP No. 8582 of 2026 C/W WP No. 8268 of 2026 filed their written statement. On the basis of the pleadings of the parties, when the matter was posted for defendants’ evidence, the defendants filed these applications for issuing summons to a list of additional witnesses and for examining the said additional witnesses. The same came to be dismissed on the ground that they were filed 15 days after the issues had been framed. 3. Even though there is a delay in filing the applications for issuance of summons to additional witnesses and for examining the said additional witnesses, the evidence of the defendants is yet to commence, and even if the said applications are allowed, it will not cause any prejudice to the parties. In the interest of justice, the writ petitions deserve to be allowed. 4. In view of the above, the following order is passed: (i) The writ petitions are allowed. - 9 - HC-KAR NC: 2026:KHC:15804 WP No. 8582 of 2026 C/W WP No. 8268 of 2026 (ii) The orders dated 16.02.2026 and 03.03.2026 passed on I.A.Nos. IV and V, respectively, in O.S. No. 1178/2012 by the I Additional Civil Judge and JMFC, Tumakuru, are hereby set aside. (iii) The applications filed by the defendants in I.A. Nos. IV and V stand allowed. (iv) The parties are directed to cooperate for the speedy disposal of the suit. (v) It is made clear that the defendants shall not seek any adjournment on the date that is to be fixed by the trial court. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 57