The petitioners are the plaintiffs in Original Suit

No.77/2013 on the file of the learned Principal Civil

Judge

and

JMFC,

at

Hubli.

This

suit

in

O.S.No.77/2013, which is for specific purpose of the

agreement of sale deed dated 10.09.1996, is clubbed for

common

disposal

with

another

suit

in

O.S.No.264/2016.

The

petitioners’

application

(I.A.No.XVIII) under Order XVI Rule 6 read with Section

151 of the Code of Civil Procedure (for short, ‘the CPC’)

3

is disposed of by the Civil Court by its impugned order

dated 12.11.2021.

The petitioners have filed their application to call

for FD Receipt and the details related thereto from the

civil Court’s accounts branch to demonstrate that they

have deposited the balance sale consideration in the

present proceedings and such deposit is invested for a

term. The petitioners contend that the FD Receipt and

the details in this regard establish their ready and

willingness

and

therefore,

the

details

must

be

summoned from on the accounts branch. However, the

civil Court has disposed of the application observing

that the material in this regard is part of records even

otherwise and therefore, it would not be necessary to

call for the details.

In th