IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 23933 OF 2025 (GM-CPC)

BETWEEN:

1. SRI M POOJAPPA S/O LATE MOTELAPPA AGED ABOUT 75 YEARS, R/ATNO.42, 4TH CROSS, 2ND MAIN, HOSAHALLI HARIJANA COLONY, VIJAYANAGARA, BENGALURU-560040.

2. SRI. H MUNIKRISHNAIAH S/O LATE HUCHAPPA, AGED 62 YEARS, R/AT NO.42, 4TH CROSS, 2ND MAIN, VIJAYANAGARA, HOSAHALLI HARIJANA COLONAY, BENGALURU-560040.

…PETITIONERS (BY SRI. VINAY SWAMY C.,ADVOCATE)

Digitally sig ned AND:

by GAVRIBIDANUR SUBRAMANYA LATE MUNIYALLAMMA GUPTA SREENATH W/O LATE MUNIYALLAPPA Location: HIGH REPRESENTED BY LR'S AS COURT OF KARNATAKA RESPONDENTS NO. 1 TO 4

1. SRI. GOVINDARAJU S/O LATE MUNIYALLAPPA AGED ABOUT 54 YEARS R/AT 4TH CROSS, 2ND MAIN, HOSAHALLI HARIJANA COLONY, VIJAYANAGARA, BENGALURU-560040.

2. SMT. DEVI @ DEVAMMA D/O LATE MUNIYALAPPA AGED ABOUT 49 YEARS.

R/AT 4TH CROSS, 2ND MAIN, HOSAHALLI HARIJANA COLONY, VIJAYANAGARA, BENGALURU-560040.

3. SMT. GANGAMMA D/O LATE MUNIYALAPPA AGED ABOUT 54 YEARS.

R/AT 4TH CROSS, 2ND MAIN, HOSAHALLI HARIJANA COLONY, VIJAYANAGARA, BENGALURU-560040.

4. SRI. KRISHNA MURTHY S/O LATE MUNIYALAPPA AGED ABOUT 54 YEARS.

R/AT 4TH CROSS, 2ND MAIN, HOSAHALLI HARIJANA COLONY, VIJAYANAGARA, BENGALURU-560040.

…RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR SUCH OTHER WRIT ORDER DIRECTING THE HONBLE XXII ADDL. CITY CIVIL AND SESSION JUDGE (CCH- 07) IN O.S NO.8688/1998 TO ALLOW THE PETITIONERS TO LEAD SECONDARY EVIDENCE IN RESPECT OF SALE DEED DATED 30.08.1978 EXECUTED BY LAKKANNA S/O GANGAIAH IN FAVOUR OF KRISHNARAJU AND ANOTHER SALE DEED DATED 30.08.1978 EXECUTED BY LAKKANNA S/O GANGAIAH IN FAVOUR OF MUNIYALLAPPA S/O MOTAYALLAPPA AS PER ORDER DATED 18.04.2025 I.E ANNEXURE D., AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard learned counsel for the petitioners.

2. The prayer sought in this petition is as under:

A. Issue a writ of Mandamus or such other Writ order directing the Hon'ble XXII Additional City Civil and Sessions Judge (CCH- 07) in O.S.No.8688/1998 to allow the petitioners to lead Secondary Evidence in respect of sale deed dated 30.08.1978 executed by Lakkanna S/o Gangaiah in favour of Krishnaraju and another Sale deed dated 30.08.1978 executed by Lakkanna S/o Gangaiah in favour of Muniyallappa S/o Motayallappa as per order dated 18.04.2025 i.e. ANNEXURE - D.

B. Pass such other Writ/s or Order/s which are deemed to be fit in the facts and circumstances of the case in the interest of Justice and Equity.

3. Petitioners herein are the plaintiffs in a suit for partition filed in OS.No.8688/1998.

4. There is no need or necessity to issue notice to the respondents/defendants, as the prayer sought is only a direction to the trial Court to lead secondary evidence in view of the judgment rendered in the RFA proceedings in RFA.No.2049/2006 with regard to the sale deeds being produced.

5. The short question that arises for consideration in this case is, aggrieved by the impugned judgment and decree passed in the original suit on the earlier occasion, the petitioners/plaintiffs had approached this Court in RFA No.2049/2006. In the said RFA proceedings, petitioners as well as respondents filed an application under Order XLI Rule 27 read with Section 151 of CPC with sale deeds dated 30.08.1978 and the same was allowed by this Court, as the sale deeds would conclusively establish the lis between the parties.

6. While allowing the first appeal in RFA.No.2049/2006, this Court passed an order setting aside the judgment and decree, remitting the matter back to the trial Court for fresh disposal, and clause 4 of the operative portion of the order reads as under: "It is made clear that the parties are at liberty to produce the original sale deed dated

30.08.1978 before the trial Court and p