IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1876 OF 2026 (GM-CPC)

BETWEEN:

1. S R NATARAJ AGED ABOUT 65 YEARS, S/O. SRI.M.P.RUDRAPPA, R/AT SHARADHA NILAYA, BEHIND K.S.R.T.C BUS STAND, LAKSHMI NAGAR, SIRA TOWN, TUMKURU DISTRICT-572137 …PETITIONER (BY SRI. PRABHUGOUDA B.TUMBIGI, ADVOCATE)

Digitally signed AND:

by SHARADAVANI B Location: High SRI V SEETHARAMAIAH SHETTY Court of Karnataka S/O.SUBBAIAH SHETTY, DEAD BY HIS LRS

1. SMT. K.R.SUMA AGED ABOUT 61 YEARS, W/O.K.S.RAMAKRISHNA, D/O. LATE V. SEETHARAMAIAH SHETTY, R/AT NO.26^TH CROSS, S.I.T EXTENSION, TUMKURU-572 102

2. SRI.V.S.SUBBARAJU AGED ABOUT 50 YEARS, S/O. V.SEETHARAMAIAH SHETTY, SRI. KUMARASWAMY AGENCY, R/AT MAKKA RICE MILL ROAD, SIRA TOWN, TUMKURU DISTRICT-572 137 …RESPONDENTS (BY SRI.UMESH, ADVOCATE FOR R2 V/O/DT: 20.02.2026, NOTICE TO R1 IS DISPENSED WITH) THIS W.P. IS FILED PRAYING TO SET ASIDE THE ORDER DTD. 12.01.2026 PASSED ON I.A.NO. XXXVIII IN O.S.NO. 48/2013 BY THE HONBLE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SIRA, VIDE PRODUCED AT ANNX-A AND CONSEQUENTLY ALLOW THE APPLICATION IN I.A.NO.XXXVII FILED BY THE PETITIONER THEREIN VIDE PRODUCED AT ANNX-H.

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

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

ORAL ORDER

This petition by the plaintiff in O.S.No.48/2013 on the file of the Principal Senior Civil Judge and JMFC, Sira is directed against the impugned order dated 12.01.2026 passed on I.A.No.37, whereby the application filed by the petitioner/plaintiff under Order XXVI Rule 10(A) read with Section 94(e) of CPC for a direction to refer three documents to a handwriting expert for the purpose of obtaining a report was rejected by the trial Court.

2. Heard learned counsel for the petitioner and learned counsel for respondent No.2 and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner/plaintiff instituted the aforesaid suit against the respondents/defendants for specific performance and other reliefs in relation to the suit schedule removable property. The said suit is being contested by the respondents/defendants. After completion of evidence and at the stage of arguments, the petitioner filed the instant application-I.A.No.37 under Order XXVI Rule 10(A) seeking comparison with the disputed signatures of plaintiff as well as defendant No.1 with their admitted signatures. The said application having been opposed by the respondents/defendants, the trial Court proceeded to pass the impugned order rejecting the application on the ground that the same was filed at a highly belated stage and the same cannot be permitted to fill up the lacunae in evidence. Aggrieved by the impugned order, the petitioner is before this Court by way of the present petition.

4. Before averting to the rival submissions, it would be necessary to extract the application filed by the petitioner/plaintiff before the trial Court, which reads as under:

"APPLICATION UNDER ORDER XXVI RULE 10(A) READ WITH SECTION 94(e) OF THE CODE OF CIVIL PROCEDURE.

That for the reasons sworn to in the accompanying Affidavit, it is respectfully prayed that, this Hon'ble Court be pleased to send/refer the following documents to the Forensic Science Laboratory, i.e., The Director, Handwriting Expert, State Forensic Science Laboratory, Sarjapura- Marathahalli Road, Madiwala, Venkatapura, HSR Layout Sector-5, Bengaluru-560 068, to verify the authenticity of the signatures of the Def No.1 and the Plaintiff and to report the same for proper adjudication of the matter between the parties, in the interest of justice and equity.

LIST OF DOCUMENTS TO BE REFERRED FOR HAND WRITING EXPORT

1. Ex.P5 (Agreement of Sale).

2. Ex.D1 (Sammathi Patra).

To compare the disputed signature with the admitted signatures and verity the authenticity of the signatures and report the same, as per the details given herein b