IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.6483 OF 2026 (GM-CPC)

BETWEEN:

1. N.V. VENKATARAJU SON OF LATE VENKATA GOWDA AGED ABOUT 74 YEARS.

2. N.V. VENKATESH SON OF N V VENKATRAJU

3. N.V. RAGHU SON OF LATE VENKATA GOWDA ALL ARE RESIDING AT HOUSE NO.3070, 8^TH CROSS RP ROAD NANJANGUD TOWN MYSURU DISTRICT-571301.

…PETITIONERS (BY SRI. SANGAMESH R.B., ADVOCATE)

Digitally signed by MADHURI S Location: H igh AND:

Court of Karnataka

1. R.R. SATHYAMURTHY SON OF LATE RAMACHANDRAN AGED ABOUT 56 YEARS

2. S. PANKAJAM W/O RR SATHYAMURTHY AGED ABOUT 50 YEARS BOTH R/AT 11/26, THELKARDU STREET

4^TH CROSS, RANGASAMUTHERAM SATHYAMANGALA ERODE DISTRICT, (T.N.) 638 001.

3. LAKSHMI D/O. N.V. VENKATRAJU AGED ABOUT 45 YEARS

4. SUJATHA D/O. N.V. VENKATRAJU AGED ABOUT 43 YEARS.

5. VASANTHA D/O N.V. VENKATRAJU AGED ABOUT 38 YEARS R/AT NO.3, 4, 5 HOUSE NO.3070

8^TH CROSS, RP ROAD NANJANGUD TOWN MYSURU DISTRICT-571301.

…RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.02.2026 PASSED IN O.S.NO.39/2018 ON I.A.NO.15, ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, AT CHAMARAJNAGAR (ANNEXURE-A) AND ETC.

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 defendants in O.S.No.39/2018 on the file of the Prl. Senior Civil Judge & CJM, Chamarajanagar, is directed against the impugned order dated 03.02.2026 passed on I.A.No.XV whereby the said application filed by the respondent Nos.1 and 2 – plaintiffs under Order XXVI Rule 10A CPC read with Section 45 of the Indian Evidence Act seeking appointment of Court Commissioner to conduct scientific investigation by comparing the disputed signatures and thumb impressions of defendants with their admitted signatures was allowed by the Trial Court.

2. Heard learned counsel for the petitioners and perused the material on record.

3. A perusal of the material on record will indicate that the respondent Nos.1 and 2 – plaintiffs instituted the aforesaid suit against the petitioners - defendant Nos.1, 2 and 6 and other defendants for specific performance and other reliefs in relation to the suit schedule immovable properties. The said suit having been contested by the defendants, both parties adduced oral and documentary evidence and the matter was posted for arguments, at which stage, the plaintiffs filed the instant application seeking appointment of a Court Commissioner / handwriting expert, who was the Director of Karnataka State Forensic Science Laboratory, to compare the disputed signatures of the defendants with their admitted signatures. The said application having been opposed by the petitioners, the Trial Court proceeded to pass the impugned order allowing the application by holding as under:

“ORDERS ON IA No. XV The plaintiff/applicant has filed I.A. No. XV under Order XXVI Rule 10-A of the CPC seeking appointment of the Director, Government of Karnataka State Forensic Science Laboratory, Madiwala, Bengaluru, as Court Commissioner to conduct a scientific investigation by comparing the signatures and thumb impressions of Defendant Nos. 1 to 6 on the admitted documents with those on the disputed documents and to submit a report to the Court as to whether the said signatures and thumb impressions were executed by Defendant Nos. 1 to 6, in the interest of justice and equity.

2. List Of Admitted Documents:

1. Registered Agreement of sale dated 07-02-2013 marked as Exhibit P-6.

2. Vakalath filed by the defendant No. 1, 2 and 6.

3. Written statement filed by the defendant No. 1, 2 and 6.

4. Caveat Petition Exhibit P-27.

5. Vakalath filed by the defendants 1 to 6 along with Caveat Petition Exhibit P-28.

6. Postal acknowledgments Exhibit P-18 to 20

3. List Of Disputed Documents:

1. Original Agreement of sale dated 24-06-2010 marked as Exhibit P-1.

2. Receipt of Rs.10,00