[Cites 2, Cited by 0]
Karnataka High Court
Dr.C. Ramesh vs Smt. C Bhavani @ Hamsa on 16 February, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2026:KHC:9657
WP No. 3326 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 3326 OF 2025 (GM-CPC)
BETWEEN:
DR.C. RAMESH
S/O LATE CHINNAPPA
AGED ABOUT 59 YEARS,
RESIDING AT F-14,
FORTUNA ICON APARTMENT
F BLOCK SAHAKARNAGARA
BANGALORE- 560 092
...PETITIONER
(BY SRI. G S VENKAT SUBBA RAO.,ADVOCATE)
AND:
1. SMT. C BHAVANI @ HAMSA
D/O LATE CHINNAPPA
AGED ABOUT 46 YEARS,
Digitally RESIDING AT NO.177,
signed by 8TH MAIN C Q A L LAYOUT,
CHANDANA SAHAKARNAGAR BANGALORE- 560 092
BM
Location: 2. SMT. RAJAMMA
High Court W/O LATE CHINNAPPA
of Karnataka
AGED ABOUT 80 YEARS,
C/O SRI SAHAKAR REDDY
RESIDING AT NO.4, 1ST FLOOR
4TH CROSS, G BLOCK,
SAHAKARANAGAR,
BANGALORE- 560092
3. SMT. S SRIMATHI
D/O LATE CHINNAPPA
-2-
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WP No. 3326 of 2025
HC-KAR
W/O SRI THIMMAPPA
AGED ABOUT 57 YEARS,
RESIDING AT NO.7,
1ST CROSS, BEHIND
DASAPPA HOUSE
SAHAKARANAGAR,
BANGALORE- 560 092
4. SRI C VENKATESH
S/O LATE CHINNAPPA
C/O SRI SHANKAR REDDY
AGED ABOUT 52 YEARS,
RESIDING AT NO.4, 1ST FLOOR
4TH CROSS, G BLOCK,
SAHAKARANAGAR,
BANGALORE- 560092
5. SRI C MANJUNATH
S/O LATE CHINNAPPA
AGED ABOUT 50 YEARS,
RESIDING AT NO.58,
20TH MAIN 6TH CROSS
G BLOCK, SAHAKARANAGAR,
BANGALORE- 560 092
6. THE SUB REGISTER
BANGALORE NORTH TALUK (PEENYA)
NO.488, 2ND FLOOR
KIADB BUILDING P BLOCK
IV PHASE
PEENYA II STAGE
BENGALURU NORTH - 560 058
...RESPONDENTS
(BY SRI.PRABHULING K. NAVADAGI, SR. COUNSEL FOR
SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE FOR R1
VIDE ORDER DATED 05.02.2025
NOTICE TO R2 TO R5 IS DISPENSED WITH;
SMT.V.HEMALATHA, AGA FOR R6)
-3-
NC: 2026:KHC:9657
WP No. 3326 of 2025
HC-KAR
THIS W.P. IS FILED UNDER ARTICLE 227 PRAYING TO
QUASH THE IMPUGNED ORDER DTD. 25.01.2025 PASSED ON IA
NO. 17 FILED UNDER ORDER XVI RULE 1 AND 6 OF CPC BY THE
XXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN
O.S.NO. 2845/2018 VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
This petition is directed against the impugned order dated
25.01.2025 passed on I.A.No.17 in O.S.No.2845/2018 by the XXXI
Additional City Civil and Sessions Judge, Bengaluru, whereby the
application filed by the petitioner under Order XVI Rules 1 and 6 to
issue summons to the Sub-Registrar, Bengaluru North Taluk
(Peenya), Bengaluru to produce all documents involved in the
process of registration including Book No.3 in respect of the
registered Will dated 25.06.1977 and to give evidence of the said
document was rejected by the trial Court.
2. Heard learned counsel for the petitioner and
Sri.Prabhuling Navadgi, learned Senior Counsel for respondent
No.1, learned AGA for respondent No.6 and perused the material
on record.
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3. When the matter was posted before this Court on
06.02.2026, the following order was passed:
"Heard both sides.
Petitioner is permitted to implead the
following person as additional respondent No.6 to
the present petition;
The Sub Registrar,
Bangalore North Taluk(Peenya)
No.488, 2nd floor, KIADB building,
'P' Block, IV Phase,
Peenya II Stage, Bangalore North,
Bengaluru-560058.
Learned AGA is directed to accept notice for
additional impleaded respondent No.6.
Copies to be served.
Petitioner to carryout necessary amendment
and file amended cause title by the next date of
hearing.
Learned AGA is directed to procure the
following documents from the impleaded 6th
respondent - Sub Registrar and produce the same
before this Court by the next date of hearing;
All the documents involved in the process of
registration including Book-3 in respect of the
document being registered Will dated 25/06/1977
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registered as Document No.7 of 1977-78 at pages
174 to 178 of Book-3 in the office of the Sub
Registrar, Bengaluru North Taluk.
Re-list on 16.02.2026 at 2.30 p.m."
4. In pursuance of the said order, Smt.Nagarathna, First
Division Assistant, in the Office of Peenya Sub Registrar,
Bengaluru, is physical present along with the original Book No.3 of
the year 1977-78. Smt.Nagarathna, undertakes to appear before
the trial Court on 26.02.2026 and produce the said documents
along with certified copies for the purpose of the instant suit. In
view of the aforesaid facts and circumstances, I deem it just and
appropriate to dispose of this petition by setting aside the
impugned order dated 25.01.2025 and dispose of I.A.No.17 filed by
the petitioner by issuing certain directions.
5. In the result, I pass the following:
ORDER
i) The petition is hereby disposed of.
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ii) The impugned order dated 25.01.2025 on I.A.No.17 in
O.S.No.2845/2018 on the file of XXXI Additional City Civil and
Sessions Judge, Bengaluru, is hereby set aside.
iii) I.A.No.17 under Order XVI Rules 1 and 6 of CPC filed
by the petitioner is disposed of directing Smt.Nagarathna, First
Division Assistant, Office of the Sub Registrar (Peenya),
Bengaluru, to appear before the trial court on 26.02.2026 along
with the original Book No.3 and certified copies of the portion of
Book No.3 in relation to the alleged Will dated 25.06.1977.
iv) Upon Smt.Nagarathna, appearing before the trial Court
at 11.00 a.m. on 26.02.2026 and producing the said book, the trial
Court is directed to mark the said document in evidence on behalf
of the petitioner with the consent of both sides and after obtaining
certified copies of the same, the original book shall be returned to
Smt.Nagarathna immediately on the same day.
v) The trial Court is directed to dispose of the suit on or
before 30.04.2026.
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vi) All rival contentions on all aspects of the matter are
kept/left open and no opinion is expressed on merits/demerits of
the rival contentions.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
MDS
List No.: 5 Sl No.: 9
