IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 32769 OF 2024 (GM-CPC)

BETWEEN:

SRI J SREENIVAS S/O, LATE B JAGANATH AGED ABOUT 60 YEARS, R/AT NO 86, SBI OFFICERS RESIDENCY, BEHIND BWSSB RESERVOR, KODICHIKKANAHALLI, BANGALORE-560076 …PETITIONER (BY SRI. HARISH H.V, ADVOCATE)

AND:

1. MR BARAKAT AHMED SALEEM AGED ABOUT 71 YEARS, Digitally signed by S/O MR. M.A. HALEEM, SHARADAVANI B Location: High R/AT.NO. 16/146, 6TH CROSS, Court of Karnataka 3RD MAIN, WILSON GARDEN, BANGALORE-560027. 2. SMT. J.SAVITHRI W/O. LATE.B.JAGANNATH, R/AT. NO.4, 1ST FLOOR, 1ST CROSS, SHANKARA LAYOUT, NAJAMBHA AGRAHARA, T.R. MILL, BANGALORE-560018.

3. SRI. J. RAJAKANTH, S/O. LATE. JAGANNATH, AGED ABOUT 45 YEARS, R/AT. NO.4, 1ST FLOOR, 1 CROSS, SHANKARA LAYOUT, NAJAMBHA AGRAHARA, T.R. MILL, BANGALORE-560018.

4. SRI. J. JAIKANTH, S/O, LATE. JAGANNATH, AGED ABOUT 53 YEARS, R/AT.NO.21, 20TH STREET, DAE TOWNSHIP, KALPAKKAM, TAMIL NADU 603102. 5. SMT. J. KUSUMA D/O LATE JAGANNATH, AGED ABOUT 51 YEARS, R/AT.NO. 142, 1ST FLOOR, NAGASHETTYHALLI, BANGALORE-560094.

…RESPONDENTS (BY SRI. G.V. SHASHI KUMAR, ADVOCATE FOR R1;

VIDE ORDER DATED 21.02.2025, NOTICE TO R2 TO R5 IS DISPENSED WITH)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 24.10.2024 PASSED BY THE XXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.NO.7427/2014 ON I.A.NO.XI, FILED UNDER ORDER 26 RULE 10(a) R/W SECTION 151 OF CPC, VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION (I.A.NO.XI), FILED UNDER ORDER 26 RULE 10(a) R/W SECTION 151 OF CPC, ON ITS FILE.GRANT AN INTERIM ORDER TO STAY THE FURTHER PROCEEDINGS BEFORE THE XXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.NO.7427/2014, PENDING DISPOSAL OF THIS WRIT PETITION.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

This petition by the defendants in OS No. 7427/2014 is directed against the impugned order passed on IA No. 11 by the XXX Additional City Civil and Sessions Judge, Bengaluru dated 24.10.2024 whereby the said application filed by the petitioner - defendant No. 2 under Order XXVI Rule 10 (a) of Code of Civil Procedure, 1908 (hereinafter referred to as CPC for short) to refer the admitted signatures of late B. Jagannath found on Ex.P.1, original sale agreement dated 22.02.2023 for comparison with the alleged disputed signatures of late Jagannath in Ex.P.3, original affidavit dated for 18.09.2008, for comparison and to submit a report was rejected by the trial Court.

2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents No.2 to 5 is dispensed with.

3. A perusal of the material on record indicates that the respondent - plaintiff instituted the aforesaid suit against the petitioner - defendant no. 2 and other defendants for specific performance and other reliefs in relation to the suit schedule immovable property and for other reliefs. In this context, the plaint averments disclose that the respondent plaintiff specifically contends that the late B. Jagannath, the father of the petitioner had executed a sale agreement dated 22.02.2003 as well as two affidavits dated 16.06.2004 and 18.09.2008 in favour of the respondent - plaintiff. In the written statement, the petitioner - defendant no. 2 disputed and denied all the aforesaid three documents produced by the plaintiff. However, during the course of evidence of PW-1 and DW- 1, the petitioner specifically contended that the alleged signatures of late Jagannath on the sale agreement –

Ex.P1 dated 22.02.2004 and the affidavit-Exs. P2 dated 16.06.2004 was taken on blank papers, while the alleged signature of Late Jagannath on Ex.P3, another affidavit dated 18.09.2008 was not that of Late Jagannath. In other words, the signatures of Late