Smt. Thimmamma v. Sri Krishnaraj

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33854 OF 2024 (GM-CPC) BETWEEN:

1. SMT. THIMMAMMA W/O LATE MUNIKALAIAH AGED ABOUT 85 YEARS

2. SMT. LALITHAMMA W/O H N PRAKASH AGED ABOUT 53 YEARS

3. H N PRAKASH S/O NARAYANAPPA AGED ABOUT 61 YEARS

PETITIONERS NO.1 TO 3 ARE R/AT NO.20A 7TH CROSS, MATHRU LAYOUT YELAHANKA UPANAGARA BENGALURU NORTH-560064 …PETITIONERS (BY SRI. VIJAYA KUMAR K., ADVOCATE) AND:

SRI KRISHNARAJ S/O LATE MUNIKALAIAH AGED ABOUT 63 YEARS BILIDEVALAYA, KASABA HOBLI KUNIGAL TALUK TUMKUR DISTRICT-572130 …RESPONDENT (BY SRI.PHANIRAJ KASHYAP., ADVOCATE)

Location: HIGH COURTOF KARNATAKA NC:(2026:KHC:17175( WP(No.(33854(of(2024( ( , ,,HC-KAR( ( ( , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLE,227,OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, CALL, FOR, RECORDS,IN,O.S.NO.,42/2015,PENDING,ON,THE,FILE,OF,THE, ADDITIONAL, SENIOR, CIVIL, JUDGE,, AT, KUNIGAL,, AND, SET, ASIDE,THE,ORDER,DATED:,29.11.2024,PASSED,ON,I.A.NO.VI,, FILED,BY,THE,RESPONDENT,,UNDER,ORDER,18,RULE,3,READ, WITH, SECTION, 151, OF, THE, CODE, OF, CIVIL, PROCEDURE, (ANNEXURE-A),AND,CONSEQUENTLY,DISMISS,THE,IA,NO.,VI, (ANNEXURE-F),BY,ALLOWING,THIS,WRIT,PETITION,AND,ETC., , THIS, PETITION,, COMING, ON, FOR, ORDER,, THIS, DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,H.T.,NARENDRA,PRASAD, , ORAL(ORDER( This, writ, petition, is, filed, by, defendant, Nos., 1, to, 3, under,Article,227,of,the,Constitution,of,India,,challenging, the, order, dated, 29.11.2024, passed, on, I.A., No., VI,, filed, under, Order, 18, Rule, 3, r/w., Section, 151, of, the, Code, of, Civil, Procedure, in, O.S.No.42/2015,, whereby, the, application, filed, by, the, respondent/plaintiff, has, been, allowed.,

2., The, respondent/plaintiff, filed, a, suit, in, O.S.No., 42/2015, for, partition, and, declaration., Based, on, the, pleadings, of, the, parties,, the, trial, court, has, framed, the, following,issues:,

"1) Whether the plaintiff proves that suit schedule properties are joint family properties of him and defendant Nos.1 and 2? 2) Whether the plaintiff further proves that himself and defendant Nos.1 and 2 are in joint and constructive possession over the suit schedule properties? 3) Whether the plaintiff further proves that to defeat his legitimate share in the suit schedule properties, the defendant Nos.1 and 2 has created gift deed as alleged in paragraph No.12 of the plaint? 4) Whether the defendants prove that the suit schedule properties are exclusive properties of defendant No.1? 5) Whether the plaintiff proves the cause of action to file the suit? 6) Whether the plaintiff is entitled for the relief as sought for? 7) What order or decree? "

¶3The respondent/plaintiff filed an application stating that, insofar as issue No.4 is concerned, the burden lies on the petitioners/defendants; therefore, the petitioners/ defendants must adduce evidence first and thereafter, the the respondent/plaintiff must be given an opportunity to

lead rebuttal evidence. Accordingly, the trial court has passed the following order: "IA No.VI filed by the plaintiff under Order 18 Rule 3 r/w. Section 151 of CPC is hereby allowed. The defendants are directed to lead evidence first and plaintiff is given an opportunity to lead rebuttal evidence on issue No.4.".

¶4Learned counsel for the petitioners/defendants submits that, even though the burden in respect of issue Nos. 1 to 3 lies on the respondent/plaintiff, the trial court has directed that Issue No.4 be decided first.

¶5A plain reading of the impugned order makes it clear that the respondent/plaintiff must first adduce evidence in respect of issue Nos. 1, 2, 3, 5, and 6. Thereafter, issue No. 4 shall be considered. While considering issue No. 4, the petitioners/defendants shall adduce evidence first, and an opportunity shall be given to the respondent/plaintiff to lead rebuttal evidence on the said issue No.4.

¶6With the above clarification, the writ petition stands disposed of. The trial court is directed to dispose of the suit as expeditiously as possible, and in any event, within one year from the date of receipt of a certified copy of this order, provided there is no stay of the said proceedings granted by any other court of law. In view of the disposal of the main matter, all pending applications stand disposed of.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

CM LIST NO.: 1 SL NO.: 98