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NC: 2026:KHC:929 WP No. 33040 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JANUARY, 2026

BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO. 33040 OF 2025 (GM-CPC)

BETWEEN:

BHAGYAMMA W/O SHIVASHANKARAIAHA

AGED ABOUT 62 YEARS OCC AGRICULTURIST BASAVESHWARA COLONY

B.G.KERE POST – 577 529 MOLKALMURU TQ

CHITRADURGA DIST …PETITIONER (BY SRI. NATARAJ G., ADVOCATE)

AND:

1. MANGALAMMA W/O LATE NEELAKANTAIAH

AGED ABOUT 64 YEARS JAJUR VILLAGE – 577 522 PARASHURAMAPURA HOBLI

Digitally signed CHALLAKERE TQ by CHANDANA CHITRADURGA DIST B M

Location: H igh 2. KUSUMA Court of Karnataka W/O YARISWAMY

AGED ABOUT 39 YEARS KERENAHALLI VILLAGE – 515 865

RAYDURGA TQ, ANANTHAPUR DIST ANDHRA PRADESH

3. PADMA D/O LATE NEELAKANTAIAH

AGED ABOUT 34 YEARS JAJUR VILLAGE – 577 522

PARASHURAMAPURA HOBLI CHALLAKERE TQ CHITRADURGA DIST

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NC: 2026:KHC:929 WP No. 33040 of 2025

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4. BHARATHI W/O GURUSWAMY

AGED ABOUT 35 YEARS JAJUR VILLAGE – 577 522 PARASHURAMAPURA HOBLI

CHALLAKERE TQ CHITRADURGA DIST

5. GURUSWAMY S/O LATE NEELAKANTAIAH

AGED ABOUT 26 YEARS JAJUR VILLAGE – 577 522

PARASHURAMAPURA HOBLI CHALLAKERE TQ CHITRADURGA DIST.

6. N. THIPPESWAMY S/O S. NAGENDRAPPA AGED ABOUT 68 YEARS

OCC: AGRICULTURIST JAJUR VILLAGE – 577 522

PARASHURAMAPURA HOBLI CHALLAKERE TQ CHITRADURGA DIST.

…RESPONDENTS (BY SRI. SPOORTHY HEGDE NAGARAJA, ADVOCATE

FOR R1, R3 TO R5;

SERVICE OF NOTICE TO R2 IS DISPENSED WITH, VIDE ORDER DATED 07.01.2026)

THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING PASSED IN OS NO. 87/2013 ON AN APPLICATION BEARING IA NO. 6/2025 ON THE FILE OF ADDL.CIVIL JUDGE AND

JMFC CHALLAKERE VIDE ANNEXURE-A.

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

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

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NC: 2026:KHC:929 WP No. 33040 of 2025

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ORAL ORDER

This petition by the plaintiff in O.S.No.87/2013 is directed

against the impugned order dated 17.09.2025 passed on I.A.No.VI by the Additional Civil Judge in JMFC, Challakere, whereby the application filed by the petitioner-plaintiff under Section 151 CPC seeking leave to file replication/reply/rejoinder/subsequent pleadings in response to certain documents produced by the defendant No.1 during the course of evidence was rejected by the

trial Court.

2. Heard learned counsel for the petitioner and learned

counsel for the respondent Nos.1, 3, 4 and 5 and perused the material on record. For the order proposed, notice to respondent

No.2 is dispensed with.

3. A perusal of the material on record will indicate that the

petitioner-plaintiff instituted the aforesaid suit against the respondents-defendants for partition and separate possession of his alleged share in the suit schedule property and for other reliefs. The said suit having been contested by the defendants, both parties went to trial and the matter was posted for final arguments at which stage the petitioner-plaintiff filed the instant application

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NC: 2026:KHC:929 WP No. 33040 of 2025

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I.A.No.VI for grant of leave/permission to replication/reply/rejoinder/subsequent pleading by way of response to the documents produced by defendant No.1. The said application having been opposed by the respondents-defendant No.1, the trial Court proceeded to pass the impugned order rejecting the application on the ground that the plaintiff in a suit would be entitled to file replication or reply only to the written statements/pleadings of the defendants and a reply/rejoinder/replication cannot be filed by a plaintiff to the evidence produced by the defendants. While arriving at the said

conclusion, the trial Court held as under:

“ORDERS ON IA No.VI

The present application is filed by the plaintiff under Section 151 of the Code of Civil Procedure, seeking leave of this Hon'ble Court to file replication/subsequent pleadings in response to certain documents produced by the 1st defendant during the course of his evidence, part