Smt.M.Lakshmamma vs Sri M.Rajanna, Dead By His Lrs., ...

Citation : 2026 Latest Caselaw 1371 Kant
Judgement Date : 17 February, 2026

[Cites 2, Cited by 0]

Karnataka High Court

Smt.M.Lakshmamma vs Sri M.Rajanna, Dead By His Lrs., ... on 17 February, 2026

Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
                                                  -1-
                                                           NC: 2026:KHC:9694
                                                        WP No. 36671 of 2025


                 HC-KAR



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 17TH DAY OF FEBRUARY, 2026

                                              BEFORE
                      THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
                           WRIT PETITION NO. 36671 OF 2025 (GM-CPC)
                BETWEEN:

                SMT.M.LAKSHMAMMA,
                WIFE OF LATE GANGAIAH,
                SINCE DEAD BY HER LRS.,

                1.   SRI CHANDRASHEKAR.G.,
                     S/O LATE GANGAIAH,
                     AGED ABOUT 54 YEARS,
                     NO.5/1, 3RD 'A' MAIN ROAD,
                     A.D.HALLI, MAGADI ROAD,
                     BANGALORE-560 079.

                2.   SMT. HEMALATHA.G
                     W/O K. CHANDRASHEKAR
                     AGED ABOUT 52 YEARS
                     R/AT SUBBARAJU ROAD
                     BANASWADI ROAD
                     MARUTHISEVANAGAR
Digitally            BANGALORE 560 033.
signed by
CHANDANA        3.   SMT. MANJULA.G W/O SHAMANNA,
BM
                     AGED ABOUT 50 YEARS,
Location:            RESIDING AT NO.3, 14TH CROSS,
High Court of
Karnataka            CHINNAYANAPALYA, ADUGODI,
                     BANGALORE-560 030.

                4.   SMT. VIJAYA.G.
                     W/O SHIVAPRASAD,
                     AGED ABOUT 48 YEARS,
                     RESIDING AT NO.50/1, 7TH CROSS,
                     KODHANDARAMPURA, VYALIKAVAL,
                     BENGALURU-560 003.
                                                                ...PETITIONERS
                (BY SRI. SAGAR B B.,ADVOCATE)
                                   -2-
                                               NC: 2026:KHC:9694
                                            WP No. 36671 of 2025


 HC-KAR



AND:

SRI M.RAJANNA,
DEAD BY HIS LRS.,

1.     SRI.LOKESH R.,
       S/O LATE RAJANNA.M.,
       AGED ABOUT 40 YEARS,
       NO.5, 3RD A MAIN ROAD,
       AGRAHARA DASARAHALLI,
       MAGADI ROAD,
       BANGALORE-560 079.

2.     SRI. DHARMESH.R.,
       S/O LATE RAJANNA.M.,
       AGED ABOUT 38 YEARS,
       FIRST DIVISION ASSISTANT
       M.F.A. PENDING BRANCH
       HIGH COURT OF KARNATAKA
       BANGALORE-560 001.

3.     SMT.LAKSHMI
       D/O LATE RAJANNA M
       W/O KRISHNA MURTHY. T.,
       (WORKING AT BHEL)
       AGED ABOUT 36 YEARS
       R/O NO. 85, 2ND CROSS, 7TH MAIN
       SUBHASH NAGAR,
       NEAR HOYSALA CIRCLE,
       KENGERI,
       BANGALORE-560 060.

4.     SMT. VASANTHA
       W/O LATE RAJANNA M,
       AGED ABOUT 60 YEARS
       R/AT NO.E-15, NGOS QUARTERS,
       12TH C MAIN, RAJAJINAGAR 6TH BLOCK
       BANGALORE-560 010.

5.     SRI. MANJUNATH R
       S/O LATE RAJANNA M
       AGED ABOUT 30 YEARS,
       R/AT NO.E-15, NGOS QUARTERS,
       12TH C MAIN RAJAJINAGAR 6TH BLOCK
       BANGALORE-560 010.
                                  -3-
                                                NC: 2026:KHC:9694
                                           WP No. 36671 of 2025


 HC-KAR



      M.BATHILINGAPPA,
      DEAD BY HIS LRS.,

6.    SMT.AKKAYAMMA
      W/O LATE BATHILINGAPPA
      AGED ABOUT 60 YEARS,
      NO.5, 3RD A MAIN ROAD,
      AGRAHARA DASARAHALLI,
      MAGADI ROAD,
      BANGALORE-560 079.

7.    HARISH,
      SON OF BATHI LINGAPPA,
      AGED ABOUT 30 YEARS,
      NO.5, 3RD A MAIN ROAD,
      AGRAHARA DASARAHALLI,
      MAGADI ROAD,
      BANGALORE-560 079.

8.    B.MANJULA,
      DAUGHTER OF BATHI LINGAPPA,
      WIFE OF NAGESH,
      AGED ABOUT 35 YEARS.

9.    PAVITHRA,
      DAUGHTER OF BATHI LINGAPPA,
      AGED ABOUT 30 YEARS

      R-8 & R-9 ARE RESIDING AT NO.3, 9TH B CROSS,
      C/O. ANNAYAPPA,
      AGRAAHARA DASARAHALLI,
      MAGADI ROAD,
      BANGALORE-560 079.

10.   VARALAKSHMI,
      DAUGHTER OF BATHI LINGAPPA,
      WIFE OF RAMNAJEENI,
      AGED ABOUT 33 YEARS,
      RESIDING AT NO.39, 2ND CROSS,
      BETTANARAYANASWAMY NILAYA,
      A.D.HALLI, BANGALORE - 560 079.
                                                     ...RESPONDENTS

(BY SRI. G.S. VENKAT SUBBARAI, ADVOCATE FOR R-6 TO R-10)
                                 -4-
                                                NC: 2026:KHC:9694
                                           WP No. 36671 of 2025


 HC-KAR



      THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION
OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED
13.10.2025 PASSED ON I.A. NO 18 IN O.S.NO.8829/2014 PASSED BY THE
HONORABLE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE (CCH-30) VIDE ANNEXURE E IN THE INTEREST OF JUSTICE
AND EQUITY.

      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 plaintiffs in O.S.No.8829/2014 on the file of XXIX Addl.City Civil and Sessions Judge, Bangalore, is directed against the impugned order dated 13.10.2025 passed on I.A.No.18, whereby the said application filed by the respondents 6 to 10 - defendants 2 to 6 for permission to produce the document styled as 'Deed of Settlement' dated 25.02.1999 and to mark the same for collateral purpose was allowed by the trial court, which upheld the admissibility of the said document.

2. Heard leaned counsel for the petitioners and learned counsel for respondents 6 to 10 and perused the material on record.

-5-

NC: 2026:KHC:9694 WP No. 36671 of 2025 HC-KAR

3. Learned counsel for the petitioners submits that having regard to the recitals and covenants contained in the said document, the trial court fell in error in failing to appreciate that the document was compulsorily registerable and was insufficiently stamped and the impugned order of the trial court that the said document was a registered document and admissible in evidence, deserves to be set aside.

4. Per contra, learned counsel for respondents 6 to 10 would support the impugned order and submits that there is no merit in the petition and the same is liable to be dismissed.

5. Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the said document has already been marked in the evidence of DW-1 and the matter is posted for cross- examination of DW-, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition by modifying the impugned order and by directing that all questions / issues pertaining to admissibility, proof, relevance, probative value etc., of the document styled as 'Deed of -6- NC: 2026:KHC:9694 WP No. 36671 of 2025 HC-KAR Settlement' dated 25.02.1999 are left open to be decided by the trial court at the time of final disposal of the suit.

6. Subject to the aforesaid directions, petition stands disposed of. However, the trial court is directed to dispose of the suit on or before 30.04.2026.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE Srl.