Karnataka High Court

WP/8139/2021 of SMT N P NAGARATHNA Vs SRI V G SHIVAPRAKASH on 3 September 2026

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CNR: KAHC010170522021 NC: 2026:KHC:47925 W.P. No.8139/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A . PATIL WRIT PETITION NO.8139/2021 (GM-CPC) BETWEEN: 1. SMT. N.P. NAGARATHNA AGED ABOUT 56 YEARS W/O

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO.8139/2021 (GM-CPC)

BETWEEN:

1.

SMT. N.P. NAGARATHNA

AGED ABOUT 56 YEARS

W/O SRI. C.P. SADASHIVA REDDY

R/AT NO.66, 13TH D CROSS

NEAR GOVERNMENT SCHOOL

KAGGADASAPURA

C.V. RAMANAGARA POST

BENGALURU-560093.

…PETITIONER

(BY SRI. SRINIVASAN T, ADV.,)

AND:

1.

SRI. V.G. SHIVAPRAKASH

AGED ABOUT 42 YEARS

S/O SRI. GAJENDRAN

PROPRIETOR M/S PEACOCK

PROPERTIES, NO.25/1

MEANEE AVENUE, TANK ROAD

BHARATHINAGAR

BENGALURU-560042.

2.

SRI. R. PRASANNA KUMAR

AGED ABOUT 37 YEARS

S/O SRI RAMCHANDRAN REDDY

NO.12, MANJUNATHA NILAYA

INDIRA GANDHI, 1ST MAIN B

UDAY NAGAR

B. NARAYANAPURA

DOORAVANINAGAR POST

BENGALURU-560016.

…RESPONDENTS

(BY SRI. VASANTH V. FERNANDES, ADV., FOR R2

R1 SERVED AND UNREPRESENTED)

Digitally signed

by RUPA V

Location:

HIGH COURT

OF

KARNATAKA

HC-KAR

THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE

RECORDS. QUASH THE ORDER DATED 01.04.2021 PASSED ON

THE APPLICATION BEARING I.A.NO.5, UNDER ORDER 3 RULE 2

READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE

IN THE SUIT BEARING O.S.NO.5377/2020 ON THE LXXV ADDL.

CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-76) AS

PER

ANNEXURE-A,

ALLOW

THIS

PETITION

AND

CONSEQUENTLY ALLOW THE APPLICATION IN I.A.NO.5 & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

This petition is filed challenging the order dated 01.04.2021 passed on IA.No.5 in OS.No.5377/2020 by the LXXV Additional City Civil and Sessions Judge, Bengaluru, (CCH-76) (for short ‘the trial Court’).

2. Heard Sri.Srinivasan T., learned counsel appearing for the petitioner, Sri.Vasanth V. Fernandes, learned counsel for respondent No.2 and meticulously perused the material available on record.

3. The petitioner filed a suit in OS.No.5377/2020 against the respondents seeking recovery of money. In the

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said suit, the respondents filed their written statements and the matter was thereafter posted for trial. At that stage, the plaintiff filed an application under Order III Rule 2 read with Section 151 of Code of Civil Procedure, 1908 (for short ‘CPC’), seeking permission to adduce evidence through her Special Power of Attorney (SPA) holder, Sri.K.G.Srinivasa Murthy, on the ground that the plaintiff is suffering from an ailment. The trial Court, under the impugned order rejected the said application on the ground that the SPA holder did not have personal knowledge about the transactions.

4. A perusal of the affidavit accompanying the application indicates that the SPA holder claims to have the personal knowledge about the transactions. Be that as it may, it is required to be noticed that, if the SPA holder speaks more than his personal knowledge, it is always open for the defendants to cross-examine the SPA holder on the said aspect. In my considered view, the trial Court

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has committed a grave error in rejecting the application filed by the plaintiff. Hence, I proceed to pass the following:

ORDER

i. The writ petition is allowed. ii. The impugned order dated 01.04.2021 passed in OS.No.55377/2020 by the LXXV Additional City Civil and Sessions Judge, Bengaluru, (CCH-76), is hereby set aside. Consequently, IA.No.5 filed by the plaintiff under Order III Rule 2 of the CPC is allowed. iii. The SPA holder of the plaintiff is permitted to adduce the evidence on behalf of the plaintiff. No order as to costs.

Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 1 Sl No.: 24

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